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Agenda 11-08-11 Amended Agenda CRA Board Meeting Tuesday, November 8, 2011 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 I. Call to Order - Chairman Jose Rodriguez II. Pledge to the Flag and Invocation III. Roll Call IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda V. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts for Items Presented to the CRA Board on Agenda Items B. Informational Announcements VI. Announcements & Awards: A. Toys for Tots B. Sunday Funday-November 13, 2011 C. Downtown Open Market-November 20, 2011 D. Holiday Extravaganza-December 3, 2011 E. Boat Parade-December 9, 2011 VII. Consent Agenda: A. Approval of Minutes – CRA Board Meeting October 11, 2011 B. Approval of Period Ended October 31, 2011 Financial Report C. Monthly Purchases Orders D. Consideration of Approval of Business Signage Grant to SML Enterprises LLC d/b/a DIY Frozen Yogurt E. Consideration of Approval of Extension of Time for Interior Build-Out Grant to Palm Orthopaedic Institute, Inc. F. Consideration of Approval of Rent Subsidy Grant to GPS PEO, Inc. G. Consideration of Approval of Rent Subsidy Grant to The Law Offices of Angelo A. Gasparri, LLC d/b/a Debt Relief Law Center of PBC VIII.Pulled Consent Agenda Items : IX. Information Only: A. Public Comment Log B. Delray Beach Community Land Trust Information C. Arts Commission Recommendation of Marina Entry Art Selections D. Information Regarding Utility Capacity Charge for Restaurants X.Public Comments : (Note: comments are limited to 3 minutes in duration) XI. Old Business: A. Consideration of Approval of HR Manual – Definition Revision (Tabled 10/11/11) B . Renegotiate the Terms/Fees with the Palm Beach County Commission on Ethics (Tabled 10/11/11) C. Consideration of Issuing an RFP for a Tenant for the Oscar Magnuson House D. Consideration of Lease Terms with Adventurous Palate for Ruth Jones Cottage E. Reconsideration of Conducting Study to Narrow Boynton Beach Blvd. from Seacrest Blvd. to Federal Highway in the Amount of $56,400 to Kimley-Horn under Continuing Contract F. Consideration of Providing Seed Funding for the International Kinetic Art Exhibit and Symposium 2012 G. Consideration of Budget Amendment Resolution for the Increase in City/County Millage Rates H. Consideration of Approval of Model Home Designs for the Ocean Breeze West Development I. Consideration of Approval of Resolution R11-05 Ocean Breeze West Execution of Documents XII. New Business: A. Consideration of Granting Palm Transit Bus Stop Information Sign License at 222 N. Federal Highway XIII. Executive Director’s Report A. Project Status Update and HOB Investment Update XIV.Future Agenda Items: XV. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS ,/,,/ MEETING HESHE WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE HESHE MAY NEED TO ENSURE THAT A , VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL .(..286.0105) IS TO BE BASEDFS THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A ,, DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE PROGRAM OR ACTIVITY CONDUCTED .(561)737-3256- BY THE CITY PLEASE CONTACT THE CRA AT AT LEAST TWENTYFOUR HOURS PRIOR TO THE MEETING PROGRAM OR . ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST 1 RESOLUTION NO. R11 -05 2 3 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY 4 REDEVELOPMENT AGENCY ( "CRA ") AUTHORIZING THE 5 CHAIRMAN OF THE BOARD OR IT'S VICE CHAIR TO 6 EXECUTE ANY AND ALL DOCUMENTS TO CONSUMMATE 7 THE SALE OF TWENTY ONE (21) LOTS INCLUDED IN THE 8 PLAT OF OCEAN BREEZE WEST RECORDED IN PLAT BOOK 9 114, PAGES 23 AND 24, PALM BEACH COUNTY PUBLIC 10 RECORDS; PROVIDING FOR REPEAL IN THE EVENT OF 11 CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING 12 FOR AN EFFECTIVE DATE. 13 14 WHEREAS, the CRA entered into a Development Agreement with the Habitat 15 for Humanity of South Palm Beach County Community Housing and Land Trust, Inc. 16 ( "Habitat ") dated August 26, 2011 which authorizes the transfer from the CRA to 17 Habitat of twenty -one (21) lots contained in the Plat of Ocean Breeze West. 18 19 WHEREAS, the ( "CRA ") deems it to be in their best interests to authorize the 20 Chairman of the Board or it's Vice Chair to execute any and all documents necessary 21 to consummate the sale and transfer of twenty -one (21) lots included in the Plat of 22 Ocean Breeze West recorded in Plat Book 114, Pages 23 and 24, Palm Beach County 23 Public Records ( "Plat ") 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF 26 COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY 27 REDEVELOPMENT AGENCY: 28 29 SECTION 1. The foregoing "Whereas" clauses are true and correct and 30 hereby ratified and confirmed by the City Commission. All exhibits attached hereto are 31 hereby incorporated herein. 32 33 SECTION 2. The CRA hereby authorizes its Chairman of the Board or its 34 Vice Chair to execute any and all documents necessary to consummate the sale and 35 transfer of twenty -one (21) lots included in the Plat of Ocean Breeze West recorded in 36 Plat Book 114, Pages 23 and 24, Palm Beach County Public Records to Habitat. 37 38 SECTION 3. If any clause, section, other part or application of this Resolution 39 is held by any court of competent jurisdiction to be unconstitutional or invalid, in part 40 or application, it shall not affect the validity of the remaining portions or applications 41 of this Resolution. 42 43 SECTION 4. All resolutions or parts of resolutions in conflict herewith are 44 hereby repealed to the extent of such conflict. 45 Page 1 of 2 1 SECTION 5. This resolution shall become effective immediately upon its 2 passage and adoption. 3 4 ADOPTED by the CRA this _day of November 2011. 5 6 BOYNTON BEACH COMMUNITY 7 REDEVELOPMENT AGENCY 8 9 10 11 12 JOSE A. RODRIGUEZ, CHAIR 13 14 15 B. ORLOVE 16 17 M. ROSS 18 19 W. HAY 20 21 S. HOLZMAN 22 23 J. BUCHANAN 24 25 M.KARAGEORGE 26 27 28 29 H'2010 \100536 \Resolution OceanBreeze 1 I.( (3)clean doc Page 2 of 2 `Y 4 .0 ,..,,,, ,,,,,,, _.. BOYNTON cRA =BEACH, CRA BOARD MEETING OF: November 8, 2011 1 Consent Agenda i i Old Business 1 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Reconsideration of Conducting Study to Narrow Boynton Beach Blvd. from Seacrest Blvd. to Federal Highway in the Amount of $56,400 to Kimley -Horn under Continuing Contract dated June 28, 2007. SUMMARY: When the CRA Director originally presented a draft budget for FY 2011/2012 she recommended having Kimley -Horn conduct a study to determine if Boynton Beach Blvd. could be narrowed from Seacrest Avenue to Federal Highway in order to allow for landscaping buffers to beautify the entryway into the downtown area. At the preliminary budget discussion at the May Board meeting the Chair suggested that each Board member independently provide direction to the Executive Director on which projects they would like to see in the FY 2011/2012 budget. There was not sufficient support for the narrowing project so it did not make the list of projects for the June 14, 2011 Budget Workshop. In meetings with City staff members, Glenn Jergensen of the Chamber and Kelly Smallridge of the Business Development Board, it was discussed that entryways are critical for making positive impressions for attracting new businesses and residents. Also discussed was increasing the scope of the study to 1 -95. All parties felt this would be beneficial to research. Currently, Boynton Beach Blvd. has no area to allow for additional landscaping as it has been widened over the years resulting in parking lots fronting directly onto sidewalks and Boynton Beach Blvd. The sidewalks are very narrow. There is no room to allow for sidewalk cafes and the overhead utilities are massively unattractive; all -in -all making for a most unwelcoming mat for visitors to our downtown. The proposed study would determine if Palm Beach County and the Florida Dept. of Transportation would allow the narrowing of the roadway and in what design configuration. Some preliminary designs would be done along with traffic analysis both current and future. Meetings with the public would be held for input and then final concept plans would be developed. From that point, if it is the Boards direction, construction plans would be drawn up that implement the conceptual plans. The estimated cost of the construction drawings is $300,000. This portion of the project would be undertaken in FY 2012/2013 if the Board elects to do so. T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \November 2011 \BB Blvd Narrowing Study doc r` BOYNT • A "BEACH FISCAL IMPACT: $56,400 - $30,000 to come from the unallocated increase in TIF revenue resulting from increase in millage rates Balance to come from Project Fund Professional Services 02- 58100 -203 CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Approve funding the narrowing study for Boynton Beach Blvd. from 1 -95 to Federal Highway in the amount of $56,400 4 Vivian L. Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board CI ION/11 Kimley -Horn NIIII and Associates, Inc. October 31, 2011 Ms. Vivian L Brooks • Executive Director suite 200 Boynton Beach CRA 1920 Wekiva Way 710 N Federal Highway West Palm Beach, Flonda 33411 Boynton Beach, FL 33435 Re Lane Reduction Study Boynton Beach Boulevard Boynton Beach, Florida Dear Ms Brooks Kimley -Horn and Associates, Inc ( "KHA ") is pleased to submit this agreement (the "Agreement ") to Boynton Beach CRA ( "the Client ") to provide professional traffic and transportation engineering consulting services for the above - referenced project. We will provide these services under our contract for the Boynton Beach CRA Design and Professional Services Agreement dated June 28, 2007 We understand that you are considering the viability of a lane reduction to Boynton Beach Boulevard between Seacrest Boulevard and US 1 in Boynton Beach, Florida. Therefore, a study including data and analysis for the proposed lane reduction is needed. Our proposed scope of services, schedule and fee follows. SCOPE OF SERVICES Task 1 — Initial Meetinsas KHA will meet with representatives from the City and the CRA at up to two (2) meetings to obtain information about the project area to facilitate development of a conceptual design of corndor enhancements that address the needs of all users of the corridor and relative motorized and non - motorized modes of transportation These design concepts will be presented to the City and CRA for approval and will be used for presentation to the public Concurrent with this assignment, KHA will compile essential data including, traffic volume count data, crash data, existing intersection geometrics and pedestrian activity to develop a Mobility/Traffic Analysis which will be used to confirm lane configuration and intersection improvements to meet future design year traffic projections KHA will also meet once with the Palm Beach County Traffic Division and once with the Florida Department of Transportation Traffic Operations Division to discuss the preliminary methodologies and concepts of the proposed roadway modifications. Task 2 — Data Collection and Transportation Mobility Analysis The following items summanze the proposed methodology and scope of services specific to the data collection effort necessary to analyze the effect of reducing the subject segment of Boynton Beach Boulevard (SR 804) between Seacrest Boulevard and US 1 from five lanes to two lanes with a median and left turn s TEL 561 845 0665 FAX 561 863 8175 /' Kimley -Horn Mrs.. MIR 7 and Associates, Inc, lanes Using this information, expected roadway and intersection operating levels of service will be established and conceptual typical can be developed Roadway Segment Volumes Current peak hour and 24 -hour traffic count information will be obtained for the following count locations within and adjacent to the study area • Boynton Beach Boulevard between Interstate 95 and Seacrest Boulevard • Boynton Beach Boulevard between Seacrest Boulevard and US • Seacrest Boulevard north of Boynton Beach Boulevard • Seacrest Boulevard between Boynton Beach Boulevard and Ocean Avenue • Seacrest Boulevard south of Ocean Avenue • US 1 north of Boynton Beach Boulevard • US 1 between Boynton Beach Boulevard and Ocean Avenue • US 1 south of Ocean Avenue • Ocean Avenue between Seacrest Boulevard and US 1 • MLK Boulevard between Seacrest Boulevard and US 1 It is assumed that all of these volumes are available from the Palm Beach County Traffic Division, with the exception of the Ocean Avenue and the MLK Boulevard roadway segments KHA will use pneumatic tube counting equipment to collect volume data at this location for up to three consecutive weekdays Current peak hour turning movement traffic count information will be obtained for the following count locations within and adjacent to the study area • Boynton Beach Boulevard & Seacrest Boulevard • Boynton Beach Boulevard & US 1 • Ocean Avenue & Seacrest Boulevard • Ocean Avenue & US 1 • MLK Boulevard & Seacrest Boulevard • MLK Boulevard & US 1 It is assumed that the two counts along Boynton Beach Boulevard are available from the Palm Beach County Traffic Division KHA will perform turning movement counts at the Ocean Avenue and MLK Boulevard intersections from 7- 9 AM and from 4 -6 PM on one weekday Crash Data To evaluate the existing crash history within the Boynton Beach Boulevard segment under study, KHA will obtain available crash data involving vehicles bicyclists, and pedestrians for the most recent three years of available data from Palm Beach County Crash data summary tables will be developed to demonstrate locations that experience significant crash occurrences by type and the magnitude of preventable accidents at these locations ti Rt Koads.■ Al rkrni _ R H \ R s n m Rcn PPI " Is! k a si A7A1 zj r.1 Kimley -Horn and Associates, Inc. Future Traffic Projections & Transportation Mobility Analysis Traffic counts will be summarized and the data used to identify potential geometric lane configuration modifications and the effect these changes may have on existing intersection and roadway operating levels of service. Future traffic projections will be developed based upon historical growth patterns and traffic generated by approved but as yet unbuilt development within the area. Committed traffic will be based on data available in the Palm Beach County Committed Traffic Database. The SERPM 2030 FSUTMS travel demand model will be run incorporating the proposed lane reduction to determine generalized changes in background travel patterns resulting from the proposed modification. To ascertain the effectiveness of the proposed lane reduction, a SYNCHRO traffic simulation model will be developed utilizing results of the FSUTMS model run, projected traffic volumes, and geometnc lane configurations illustrated with the preliminary conceptual plan typical sections SYNCHRO will be utilized to calculate arterial and intersection levels of service based on development of future traffic volumes traversing Boynton Beach Boulevard, US 1 and Ocean Avenue under study and will be utilized to calculate measures of effectiveness. SYNCRHO is recommended because of its ability to calculate capacity (based on the Highway Capacity Manual), optimize cycle lengths, timing splits, and offsets, accurately model actuated and coordinated networks, and calculate intersection delay. The mobility analysis will be summanzed in graphical form illustrating the standard measures of effectiveness, such as corridor travel time, average speed, queues, and average delay at each signalized intersection Projected levels of service for roadway segments and intersections under future year (to be established by City and CRA staff) conditions throughout the Boynton Beach Boulevard segment under study will be developed using the SYNCHRO analysis program. Up to two alternative SYNCHRO network configurations will be developed based on geometric design concepts developed. Generalized recommendations for signal phasing and timing will also be presented for these two alternatives for consideration of vehicular and pedestrian traffic The simulation model may be integrated into an aerial map for display at up to two public information meetings. The model will graphically demonstrate the envisioned changes for Boynton Beach Boulevard between Seacrest Boulevard and US 1. Results of the Transportation Mobility Analysis will be provided in the form of a draft report for review and comment The report will include data summaries and graphics generated during our analysis of traffic volumes, accidents, tuming movements and pedestrian movement. A meeting will be held with FDOT to review their comments and gain their acceptance prior to moving to the next task in the scope of serivces. Upon addressing one round of comments by City and CRA staff, ten (10) bound copies of the final report will be provided for your use. K \BCD_Roadway,_Madcetmg\Boyntoo CRA Boynton Bch Stody BB Road D,et_MM docx /p'" r ' Kimley -Horn 1111k.. IMP and Associates, Inc Task 3 — Engineering and Public Involvement Planning Discussions The KHA project manager, traffic engineer, and senior landscape architect/urban planner will meet with City and CRA staff to review the data collected and the analysis conducted in Task 2 above At this meeting, the KHA team and City and CRA staff will discuss these results and determine how to present the information to the public Community demographics, trends, areas that effectively handle pedestnans as well as problematic pedestrian areas, traffic concerns, type of landscaping, etc also will be discussed The intention of these discussions is to assist in development of an agenda for an initial public meeting and to reach agreement as to the specific content and format of this public meeting Typical Section Alternatives Development KHA staff will develop up to three (3) typical sections that show a range of sidewalk, bikeway and /or multi -use paths and landscaping options These typical sections will be submitted to the City and CRA for review and approval One meeting will then be held with City and CRA staff and representatives of the Florida Department of Transportation to discuss the advantages and disadvantages of each typical section alternative One final typical section package report will then be submitted to City and CRA staff It is our intention that the typical sections in this report will be authonzed by the City and will be termed "Viable Typical Section Alternatives ° After receiving comments and approval from the City and CRA, the Viable Typical Section Alternatives will then be submitted to FDOT for review Public Information Meeting A public information meeting will be held at a location determined and arranged by the City and CRA The meeting will be informal with either a bnef PowerPoint presentation and /or presentation materials set at various locations around the room to present project- specific information such as conceptual typical sections traffic and intersection levels of service and related improvements, bicycle lanes pedestrian movement and development trends It is anticipated that City and CRA staff may be needed as experts to assist in explaining some of the information presented Kimley -Horn staff will be present to assist the City staff in addressing questions from the public Final Concept Plans Following the Public Information Meeting the KHA team, City and CRA staff will meet to discuss input obtained from the public Refinements to typical sections and the Transportation Mobility Study will be made as agreed upon by City and CRA staff and the KHA team I, B1 I) Road,,,, Ro■ mon R 1 it. n , PPI _ Hk R, , d I)hu AlA4 an. C 2 ril Kimley -Horn and Associates, Inc. Presentation to City and CRA Officials KHA will assist City and CRA staff in presenting the Preferred Typical Sections and the Transportation Mobility Analysis to City and CRA officials A summary of I the input obtained at the public information meeting(s) will also be provided Task 4 — Boynton Beach Blvd Landscape Investigation The scope for this task is limited to investigation opportunitites for landscaping of within Boynton Beach Boulevard right -of -way from east of 1-95 to Seacrest Blvd. The scope will consist of the following steps: 1 Base information — obtain as -built of project area from FDOT 2 Site Visit — brief documentation of corridor area with photographs, notes 3 Site Analysis - compilation of factors effecting improvements and markup on existing plans 4. Conceptual Design - create a sample cross section showing potential improvements possible with notations. 5. Client Review - meet with client to discuss potential design opportunity Should it be determined that landcape opportunities exist and the Client wants to pursue them we will prepare a more detailed analysis as additional services Task 5 — Additional Services We will provide, as requested and authorized by you, additional services that require analyses beyond those described in Tasks 1 through 3. These additional services may include, but not be limited to. (1) Further detailed roadway link and intersection analyses (2) Data collection (3) Meetings (4) Response to comments (5) Attendance at public hearings (6) General civil engineering (7) Environmental analysis and engineering (8) Permitting and regulatory assistance (9) Surveying (10) Structural engineering (11) Forensic (expert witness) services (12) Construction administration (13) Landscape Architecture (14) Parking analysis and design SCHEDULE We will perform the services described in the above scope as soon as practical to meet a mutually agreed -upon schedule K BCD_Roadway _Marketmg\Boynton CRA Boynton Bch StudyPPL_ ?0111101_ BB Road Dlet MM docx ""° • Kimley -Horn and Associates, Inc FEE AND BILLING KHA will perform the services described in Tasks 1 through 4 of the Scope of Services for a lump sum fee of $56,400 00 inclusive of direct expenses KHA will perform the services described in Task 5 of the Scope of Services on a labor fee plus expense basis Labor fee will be billed according to hourly rates in effect at the time the services are provided Direct reimbursable expenses such as express delivery services, fees, air travel out -of -town mileage, and other direct expenses will be billed at 1 15 times cost An amount will be added to each invoice to cover certain other expenses such as in -house duplicating, local mileage telephone calls. facsimiles, postage, and word processing Administrative time related to the project may be billed hourly Technical use of computers for design, analysis, GIS, and graphics, etc will be billed at $25 00 per hour All permitting application, and similar project fees will be paid directly by the Client Fees will be invoiced monthly based on actual amount of service performed and expenses incurred Payment will be due within 25 days of the date of invoice CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the attached Standard Provisions, which are incorporated by reference As used in the Standard Provisions, the term the Consultant" shall refer to Kimley -Horn and Associates Inc and the term the Client" shall refer to Boynton Beach CRA. KHA, in an effort to expedite invoices and reduce paper waste, offers its clients the option to receive electronic invoices These invoices come via email In an Adobe PDF format We can also provide a paper copy via regular mail if requested Please select a billing method from the choices below please email all invoices to @____ Please email invoices to Ca? AND provide a hard copy to the address listed above (please note below if it should be to someone else's attention or an alternative address) Please ONLY provide a hardcopy invoice to the address listed above (please note below if it should be to someone else's attention or an alternative address) If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter k Is( I) Koadh,e, himkennc Ro'nion t P V Li num ■401 "udt PPI 13i R gut I MVi d VIII Kimley -Horn and Associates, Inc. We appreciate this opportunity to provide these services to you. Please contact us if you have any questions. KIMLEY -HORN AND ASSOCIATES, INC. / 164 /64V T By Marwan Mufleh, P E Adam B. Kerr, P E Vice President Transportation Engineer ABK/ Attachment. Standard Provisions Agreed to this day of , 2011 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (Date) (Print or Type Name and Title) (Email Address) , Witness (Print or Type Name) Official Seal K ‘BCD_Roadway'_Marketmg\Boy nton CRA\Boynton Bch Study`PPL_ 20111101 BB Road Diet MM docx 4,„ BOYNTON c =BEACH CRA BOARD MEETING OF: November 8, 2011 1 Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Legal 1 Executive Director's Report SUBJECT: TOYS FOR TOTS — 2011 Toy Drive • SUMMARY: On November 1, 2011 thru December 9, 2011, the Boynton Beach CRA will hold the annual Toys for Tots toy drive to ensure that every child in PBC has a toy for Christmas. • Please donate new unwrapped Toys for Toys for Tots, donation sites are: Boynton Beach CRA, Boynton Beach Chamber of Commerce, Civic Center and Senior Center. • The USMC will be onsite at the Boynton Harbor Marina and on SeaTow boats collecting toys during the Holiday Boat Parade on Dec. 9th, • Food and Drinks provided by Two Georges Waterfront Grille. • Parking onsite in the parking garage and on the NE corner of N. Federal Hwy. and Ocean Avenue. • No pets please. FISCAL IMPACT: Budgeted in line item 02 -58500 -480. CRA PLAN, PROGRAM OR PROJECT: RECOMMENDATIONS/OPTIONS: , . Kathy Biscuit,, Special Even . Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meet+ngs \November 20111Toys for Tots 2011.doc 1 R \ \/ 71 ' v - ic i ,')' ' ' 341 � rrv, : r L / 1 , I; f - 7 j T ii ` , 3 November 1- December 9 ;Help Ensure That Every Child in Palm Beach County " F * has a Toysfortthe, Holidays , r • : " t k , , a ri a s r 4 `r � i k:041, 14 '.4 rt tr ;, 1 • Deee ber 9: Join us for the , . Bo neon Marina and bring new, unwrapped toys for Toys for Tots. 9 OTHER FUN WAYS TO GET INVOLVED: Organize toy collections at work, holiday parties and gift exchanges. Allow your children to select donation gifts to help a child in need and expereince the true menaing of the holidays. All donations made prior to December 9, must be dropped off at one of the locations listed below: 1 r Community Redevelopment Agency - 710 N Federal Highway Art Center -125 SE 2nd Avenue Senior Center v 1021 S Federal Highway Civic Center - 128 E Ocean Avenue Chamber of Commerce -1880 N Congress Avenue #106 For more information: 561- 742 -6246 or visit www.boyntonboachcra.com s" " ''' k 'c - Cry 1 BOYNTON =BEACH CRA BOARD MEETING OF: November 8, 2011 1 Consent Agenda 1 1 Old Business 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: SUNDAY FUNDAY — Sunday, November 13, 2011. • SUMMARY: On Sunday, November 13, 2011, the Boynton Beach CRA will continue the series Sunday Funday at the Boynton Harbor Marina • The theme of the November event is "Pilgrims and Indians ". • This FREE event will take place from 1:00 PM to 4:00 PM • Activities will include a petting zoo and a craft station where kids can make a pilgrim hat or Indian headdress. • Live Music with the Island Sounds of Wildfire. • Food and Drink provided by Two Georges Waterfront Grille.. • Parking onsite in the parking garage and on the NE corner of N. Federal Hwy. and Ocean Avenue. • No pets please. FISCAL IMPACT: Budgeted in line item 02 -58500 -480 CRA PLAN, PROGRAM OR PROJECT: RECOMMENDATIONS /OPTIONS: Kathy Biscuiti Special Events Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \November 20111Sunday Funday Nov 2011 doc ikarbor 1 ,4,1*‘ A \ ,k''' _ ■ 1 , .., 3/ '7, ....,.. 4 PIM 'e'i s hew ...I. is Inir 1.4 , FUNDAY 1, 4 C SUNDAY,. NOVEMBER 13 i 4 P.M Join us at Boynton Harbor Marina for an afternoor filled with sun, fun and music Family Fun! Petting Zoo "‘Pilgrim & Indian" Crafts r Face Painting ,.., Live Music! Food & Drinks Specials! , By Two Georges Waterfront Grill & Sam Adams mow 'Jutommg dates , . , 7 -7, ,, al O . tantlarif * . VW t jhilt- . 1 e .1, ' 11 iii 1? ' Mav r Boynton Harbor Marina 4 647 BOYNTON 0 4 0 ,.. 735 Casa Loma Boulevard r/yol: (561) 737-3256 r ...„ ....11o*. Li Al '1.1 t,r „:..„ } „...,,, BOYNTON CRA BEACH CRA BOARD MEETING OF: November 8, 2011 { Consent Agenda { X 1 Old Business { { New Business { { Legal { 1 Executive Director's Report SUBJECT: Consideration of Tenant Lease Terms for Ruth Jones Cottage Project SUMMARY: At the October 12, 2011 meeting, the CRA Board selected the Request for Proposal submitted by Chrissy Benoit, Owner of Adventurous Palate Food Company, for "The Little House” restaurant concept as the tenant for the Ruth Jones Cottage project. The CRA Board directed staff to begin lease term negotiations and initiate the interior build -out design process with Ms. Benoit to be brought back to the Board for approval. CRA staff and Ms. Benoit have been working diligently to establish the basic terms to be incorporated within a commercial lease agreement as well as completing design revisions to the interior design layout with REG Architects. The draft terms (see attached) reflect the parameters set forth in the RFP along with attempts to address lease rates, interior improvements and first right of refusal language. CRA staff and Ms. Benoit have concluded that the formal lease agreement should include detailed language outlining the specific items and associated expenses relating to the interior build -out project that each party is responsible for paying. A detailed cost breakdown and construction contract is needed to perform this analysis and cannot be obtained until final design drawings are submitted and approved by the City's Building Department and the County's Business and Health Departments. It is anticipated that final plans will be submitted to the City within three weeks and application to the County departments within the next two weeks. Once permit approved plans are obtained, pricing and contractor selection can be made which will provide the necessary information to complete the lease agreement. FISCAL IMPACT: Project Fund account #02 -58200 -404, amount to be determined. CRA PLAN, PROGRAM OR PROJECT: Boynton Beach Community Redevelopment Plan, City of Boynton Beach Downtown Master Plan. RECOMMENDATIONS /OPTIONS: Provide CRA staff with direction and input on the draft commercial lease terms for the Ruth Jones Cottage project. 4 7e, , . ‘4, „ . . .-- • e:. . . .9- -...--. —5 Michael Simon, Development Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board Meetings \November 2011 \Lease Terms- Chnssy Benoit -Jones Cottage doc COMMERCIAL LEASE AGREEMENT DRAFT TERM SHEET The Boynton Beach Community Redevelopment Agency ( "Lessor ") proposes to lease the Premises to Chrissy Benoit. Adventurous Palate Food Company (Lessee) for the purposes of restaurant use PREMISES: 480 E. Ocean Avenue, Boynton Beach, FL 33435 an 850 sq. ft structure, patio and walk -in cooler and surrounding areas as further described in Attachment "A" TERM: The initial term of the lease shall be for five years. RENTAL RATE: The rental rate shall be calculated on the gross building square footage which includes the patio and walk -in cooler area. 1 Year of Lease Term: $0 per sq. ft. base rent monthly and no expenses 2nd Year of Lease Term: $5.00 per sq. ft. base rent plus expenses. 3rd - 5 Year of Lease Term: $5.10 per sq. ft. base rent plus expenses. TENANT IMPROVEMENTS: The Lessor shall pay for the design and permitting of the tenant improvements. The Lessee agrees to pay up to $100,000 of the tenant improvements. The Lessor agrees to pay the balance of the cost of the tenant improvements up to $150,000 or CRA °Board specified amount. RIGHT TO TERMINATE: The Lessee may terminate the Lease prior to the termination of the Lease by notifying the Lessor ninety (90) days in advance and by payment of one (1) year of rent at the current rent rate. EXPENSES: Lessee shall be responsible for real estate taxes, insurance. exterior maintenance and irrigation utilities of the premises except in year one of the Lease Expenses shall be prorated on a monthly basis and paid at the time of rent. SECURITY DEPOSIT: To be determined. RENEWAL OPTION: This Lease can be renewed for two additional five year terms upon agreement by both parties. Lessee shall send written notice of the intent to renew to Lessor within sixty days prior to the expiration of the Lease Term If Lessor and Lessee opt to renew the Lease for an additional five year term, the base rent shall be calculated by using an average of rents for comparable properties in the market area. FIRST RIGHT OF REFUSAL TO PURCHASE PREMISE: During the term of the Lease, before Lessor may sell the Premises to a third party, Lessor shall first offer the Premises to Lessee following the procedures set forth herein Lessee shall have ten (10) days following the date Lessor first presents Lessee such offer to decide whether to try to negotiate an agreement for the purchase of the Premises from Lessor. If Lessee desires to try to negotiate such an agreement, Lessee shall, within said 10 day period, deliver to Lessor written notice thereof. Promptly after receipt of such notice, the parties shall commence good faith negotiations exclusively with each other for a period not to exceed 90 days after the date Lessee gives the requisite notice to Lessor. In the event the Lessor and Lessee commence with good faith negotiations, Lessor shall obtain a commercial appraisal of the property in order to establish fair market value as required by Florida State Statute, Chapter 163. Lessor shall provide the Lessee with a copy of the appraisal for their review at which time they may obtain their own appraisal if they are in disagreement with the established fair market value. If Lessee elects to obtain their own appraisal of the property, Lessee shall provide Lessor with a copy for review and analysis. This period of negotiation shall not exceed 90 days after the date Lessee provided the notice of intent to exercise the First Right of Refusal unless agreed to by both parties. If Lessor does not receive said notice within said 10 -day period, or if Lessor receives said notice within said period but Lessor and Lessee do not enter into a legally binding, written agreement for the purcl�a"'se and sale of the Premises within said 90 -day period, Lessor shall be free to °e nter into an agreement with a third party on terms (considered as a whole) no more favorable to the third party than Lessor offered to Lessee. If Lessor does not enter into a legally, iriding, written agreement with a third party within the 90 day period, Lessor's'rght`to sell the Premises to a third party shall expire and the procedure describel herein shall be applicable again, and Lessor, prior to selling the Premises to a third party, shall first offer to try to negotiate the sale of the Premises to Lessee. Lessee's failure at any time to exercise its option under this paragraph shall not affect this lease and the continuance of Lessee's rights and options under this and any other paragraph herein. SIGNAGE: Lessee shall only install signage that is approved by the CRA. The signage must be permitted by the City of Boynton Beach. PARKING: Lessee is entitled to the use of the parking spaces adjacent to the Premises as shown on Attachment "A ". ACCESS: Lessee shall provide Lessor with alarm codes and keys. OBLIGATIONS FOR REPAIRS: In year one of the Lease term, Lessor shall have the obligation to make repairs and perform maintenance to any portion of the exterior of the Leased Premises including the building exterior, landscaping, irrigation, lighting and parking lot surface. During the first year of the Lease term, Lessee shall be obligated to make repairs to any portion of the interior of the Leased Premises excluding the HVAC system, plumbing, electrical system anti kitchen equipment. TENANT IMPROVEMENTS OR ALTERATIONS: No structures, improvements or alterations of any kind shall be placed upon or made to the property without first obtaining the prior written approval of the Landlord. Tenant, at Tenant's expense. may only make those certain interior leasehold improvements to the Leased Premises in accordance with and pursuant to plans and specifications approved in writing in advance by Landlord Any interior improvements made to the Leased Premises without Landlord's written approval shall constitute a default of this Lease. INSURANCE: Lessee shall maintain, with respect to the Leased Premises, comprehensive general liability insurance with limits of not less than One Million Dollars ($1,000,000.00) for injury or death from one accident. A copy of the policy or a certificate of insurance shall be delivered to Lessor on or before the commencement date and no such policy shall be cancelable without ten (10) days prior written notice to Lessor. During any such time Lessee is required to be out of the Leased Premises at the request of Lessor, Lessor shall be responsible for payment of comprehensive general liability insurance as set forth within this paragraph in the form of reimbursement to Lessee or credit towards Rent. ATTACHMENT "A" . PBC Wan SUCTION WO OCEAN AVENUE — 4___ — - - 5 LOCATION _ ___ ras e - - - — - - Ewenm — - - 6. \., SICB QQ � u' 1 11 CONC. LIB ND J C .aG.St..• SWOT 7 /A•0J i PAN110 TO M1,TC01 oasTNo 4 T • -A' r1 • D01111010 CUM RATT ■ • � i�: OMIT . CSC!✓ B>•j;BB1C;�� = , id COTTAOS FOR P 1 , : ; ,U ' , ,i[m 1 1 kR114111111111E Millief A 111•11 7_ il ! 4,,,,,,,,, iJ: OTe N!W :,,,, • ,♦ sr. �W8 PATIO - r,, ,, Y ♦ ,., . : MIMI 1 BUILD -CUT / - ,,, MOMS ( _ $,Zga%i�i t ii Fri Z ' -. • :i§i CIAt41oLt S O MATCH 1 ∎ :∎$∎*4;44• �� \\ ` i •i '; ;; EXISTING I r '4-. 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S,'.-- r , $ .. 6,, d ; . - . ,.. r 1' c C r s ir aa CTS 7 k C }" c c-,-, `' r — T 4 R v y A l D y , r lit w !P . .. _, ,- •,, , , _ ..� . 7r s ' ' «" t, 7 EL . r . ` - ' I w M- .., - . .» .. - . 1 * A ' , ** * +.... Ors , i P. i 1 7 ■ 1110 A. , c. uz "4 � T _ ♦ ,. a a k. , I ' 1 ,a ' y s n i � - r $ ir. • so. ri $ 0 ■ .p • cir (*] Project Fund Revenue & Potential Projects J May 2011 - Prteritheation Estimated Available Funding $ 1,112,748 Project Estimated Cost 1 Special Events $ 245,500 2 Legal Work - Project Fund $ 35,000 Planning necessary to narrow Boynton Beach Blvd. from Seacrest to 3 Federal _ $ _ 50,000 4 Grants for Association /Community Signage v $ 5 Relocation Program for New Businesses $ 6 Private Event Funding (Heritage Fest) $ _r 7 Design & Engineering — $ 8 Site Work & Demolition $ * 15,000 9 Commercial Facade Grants $ 45,000 10 Economic Development Grants $ 120,000 11 Pride in Neighborhood Grants 12 Add Art along Ocean Avenue $ 50,000 13 Add entry signage for Boynton Harbor Marina at SE corner of BBB $ 100,00 14 Development of Phase 1 -B Marina $ 350,000 15 Banners - BBB & Ocean Ave. reinforcing Marina District -- $ 15,000 19 Creation of Collective Marketing Effort $ 20,000 20 Creation of Marketing Incentive Program for Local Merchants — $ 27,248 21 22 23 26 27 28 ____._- - -_ _ �_ -_1 Total 1.112,748 Over /(Under) Available Funding $ T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 20 2011 Board Meetings \05 -10 -11 Meeting \Budget Workshop - May 10 201' Project Fund Revenue & Potential Projects Estimated Available Funding $ 1,062,990 Project Estimated Cost 1 Special Events $ 212,990 2 Legal Work - Project Fund $ 30,000 3 Grants for Association /Community Signage $ - 4 Private Event Funding (Heritage Fest) $ - 5 Design & Engineering $ 30,000 6 Site Work & Demolition $ 20,000 7 Commercial Facade Grants $ 45,000 8 Economic Development Grants $ 120,000 9 Sea Life Lumination Art along Ocean Avenue $ 50,000 10 Add entry signage for Boynton Harbor Marina at SE corner of BBB $ 100,000 11 Development of Phase 1 -B Marina $ 420,000 12 Banners - BBB & Ocean Ave. reinforcing Marina District $ 15,000 13 Creation of Marketing Incentive Program for Local Merchants $ 20,000 Total $ 1,062,990 Over /(Under) Available Funding $ - 17% 24% ■ Special Events • Capital Projects O Economic Development 59% Board Member Proiect Suggestions 1 Bus Benches /Shelters for Federal Highway 2 Business Relocation Program 3 Savage Creatures of Ancient Seas Museum 4 Relocation incentive Program T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings \06 -14- 11 Meeting \Budget Workshop - June 14 2011 rates have delayed redevelopment , 1 )0 > t -,,,i �«�c' ,� , -i)rovide economic development services The retail stock is aging and needs such as a database of available parcels updating to stay competitive or redevelopment sites and small area • Bolster retail and office markets by market analyses to encourage businesses > increasing residential density and TO locate into Boynton Beach redeveloping underutilized land Additional funding recommendations and sources for specific program needs An annual average of 450 to 500 new resulting from the Master Plan will be households are expected to make Boynton included in the Implementation section of Beach home The median household vh,s report 0 income is about $55,000 --- w Focus on business recruitment and the provision of appropriate office space to ensure that a good portion of the forecasted job growth will reside within the (� CRA Urban Design Key Finding --° Weaknesses include low density CL residential uses, underutilized corridors, poor pedestrian realm, the lack of a town center, shortage of convenient parking and C� a lack of an identifiable City image Strategies for redevelopment should be to encourage appropriately scaled mixed - use development, identify and create a community image and a community town center, upgrade the existing public realm to a safer, more aesthetically pleasing pedestrian environment Regulatory and Policy Needs Assessment • Focus should be given to create "gateways" to downtown, along Boynton Beach Boulevard, the Federal Highway Corridor, and in the Heart of Boynton residential area • Land uses and densities should ensure a logical and clear transition linking the downtown core to surrounding areas Encourage limited neighborhood retail on Martin Luther King, Jr Boulevard BOYNTON BEACH MASTER .LAN 4 BOYNTON BEACH CRA BOARD MEETING OF: November 8, 2011 I Consent Agenda I I Old Business I I New Business I I Legal I 1 Executive Director's Report SUBJECT: Consideration of Providing Seed Funding for the International Kinetic Art Exhibit and Symposium 2013 SUMMARY: The Arts Commission is planning an International Kinetic Art Exhibit and Symposium to be held February 8 -10, 2013 in the downtown area. The total budget for the event is $155,000. The Arts Commission is seeking $20,000 to fund to create a show book, marketing and promotional materials and $10,000 to fund up to five kinetic artists to participate in the Exhibit and Symposium. Funds will be used to cover shipping and installation of their artwork and artists fees for presentations and educational sessions. The Arts Commission plans on coming back to the CRA in the FY2012/2013 budget for additional funding. FISCAL IMPACT: Up to $30,000. Funding can come from the increase in TIF resulting from the millage increase or from Project Fund contingency. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Approve seed funding for the International Kinetic Art Exhibit and Symposium in an amount to be determined by the Board. / Vivian . Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \November 2011 \Kinetic Art Exhibit Seed Funding doc REQUESTED FUNDING FROM COMMUNITY REDEVELOPMENT AGENC FOR INTERNATIONAL KINETIC ART EXHIBIT & SYMPOSIUM $20,000 to fund the creation and production of Kinetic Art Show book, plus production of marketing and promotional materials $10,000 to fund up to five renowned International Kinetic Artists to participate in the International Kinetic Art Exhibit and Symposium. Funds will cover artwork shipping and installation costs and artists fees for presentations and educational sessions $30,000.00 TOTAL REQUEST Attached is a document that provides the basic information for the International Kinetic Art Exhibit and Symposium INTERNATIONAL KINETIC ART EXHIBIT & SYMPOSIUM INTL' KINETIC ART EXHIBI1 & SYMPOSIUM EVENT AGENDA Friday, February 8 - Sunday, February 10, 2013 Friday, February 8, 2013 - Install interior Kinetic Art exhibit Friday, February 8, 2013 10am - 3pm Registration /set up - Event artists, presenters and vendors Friday, February 8, 2013 10am - 3pm Outdoor Kinetic Art exhibit 24hrs (120 or 180 days) Kinetic Art Symposium reception • Invitation only - Symposium participants and dignitaries meet and greet Saturday, February 9, 2013 Outdoor exhibit 24hrs (120 or 180 days) 9am - 6pm - Vendor and indoor exhibit open to public 10am - 11:30am - Presentation /talk 1 pm - 2:30pm - Participatory activity 3:30pm - 5pm - Presentation /talk Sunday, February 10, 2013 Outdoor exhibit 24hrs/120 or 180 days 10am - 5pm - Vendor and indoor exhibit open to public 11 am - 12noon - Presentation /talk 1 pm - 2:30pm - Participatory activity 3:30pm - 4pm - Closing presentation /awards /recognition Sunday, February 10, 2013, 6pm - 8pm and Monday, February 11, 2013 (if necessary) Vendor break down and artwork removal SPECIAL STAKEHOLDER WORKSHOP Friday, February 10, 2012 10:00 a.m. - 1:00 p.m. • Partners, participants and sponsors invited • Visual presentation of 2013 International Kinetic Art Exhibit and Symposium overview • Academia partner solar mock ups on display • Committee groups break out to complete the 2013 event details • Fine tune sponsorship commitments and goals • Group will reconvene for a catered lunch and informal communication exchange. 0 City of Boynton Rrwch Art in Public Places l.nri(+hinp our Community'Smuph !abbe Art FOR MORE INFORMATION AND PARTICIPATION IN International Kinetic Art Exhibit & Symposium contact Debby Coles - Dobay, Public Art Administrator, City of Boynton Beach 561.742.6026 colesdobayd @bbfi.us www.boyntonbeacharts.org Paae 3 INTERNATIONAL KINETIC ART EXHIBIT & SYMPOSIUM The International Kinetic Art Exhibit and Symposium will take place in this City's downtown civic/ cultural district. (see map below) The event will be bi- annual beginning in February 2013. It will target regional, national and international partnerships and expand into a signature event for the City The focus of the International Kinetic Art Exhibit and Symposium will be held in the primary area of East Ocean Avenue from Seacrest Blvd to the Boynton Harbor Marina at the Intracoastal Waterway. The second focus is the immediate surrounding area including Boynton Beach Blvd. and Federal Hwy. The International Kinetic Art Exhibit and Symposium will utilize the following facilities and sites for it's event programming • Avenue of the Arts - 10 sites • Additional 5 sites - in the Civic /Cultural District. • City Library Program Room - serves as the main interior exhibit and symposium space • Civic Center - secondary interior exhibit and symposium space. • City Hall Chambers - presentations, lectures, panel discussions and video presentations • Schoolhouse Children's Museum - VIP reception and additional exhibits • Art Center - symposium workshops 0 _tom' Or lr Pr t M Atr7 , # .4 al , it r wo w yr- k 11 Magnuson . :+K: lir - ., f ` " ,L, e _ fete r •�' P iit m. 1Fafl1. -., I. ea 4 i _ . •�,. ', I TI D+, Woo- Pon Pu c t ' tri t Cu�.►t►l (�jr »vyu INTERNATIONAL KINETIC ART EXHIBIT & SYMPOSIUM A Kinetic Art Exhibit and Symposium designed to attract and engage visitors, participants and artists Internationally, regionally and locally A rtfo i Mrs otion m with a strong emphasis on education and wonder. P Kinetic art is three dimensional art that contains moving parts or depends on motion for its effect. The motion of the artwork can be provided in many ways: mechanical, natural or interactive. Kinetic art encompasses a wide variety of disciplines often resulting in a collaborative effort INTERNATIONAL to create and fabricate the artwork. KINETIC ART EXHIBIT and SYMPOSIUM YouTube - Theo Jansen - Kinetic Sculptor B O Y N T O N B E A C H, F L D R (D A Ralfonso Kinetic, Light & Water Sculptures 2013 http: / /www.cornermark.com /kinetic/ www IntlKineticArtEvent orq http: / /www.triefeldt.com/ debby @IntlKineticArts orq There are three key components to the international Kinetic Art Exhibit and Symposium 1. International Kinetic Art Commission and Academic Programming To commission (hire) a kinetic artist to collaborate with an education partner through the school curriculum to first create individual kinetic art concepts displayed as fully functioning maquettes. Then select one concept and fabricate the concept into a functional Kinetic Art project. Kinetic Art concepts and fabricated Kinetic Art project will be a featured on display at the International Kinetic Art Exhibit and Symposium. Two educational partners will be selected; a university and K -12. To maximize this project it is desirous to collaborate with interdepartmental curriculum to create and fabricate a Kinetic Art project since this art form includes many educational disciplines. The Kinetic Art project would showcase a green technology. The first green technology project will focus on a solar energy - producing kinetic artwork. 2. International Kinetic Art Symposium A weekend event that attracts artists, philanthropists, enthusiasts, education organizations, students, educators and the general public. Components of the Kinetic Symposium are: • Indoor Kinetic Art Exhibit • Tours of the outdoor kinetic exhibit • Special reception to meet the Kinetic artists, vendors and speakers • Kinetic art presentations and educational sessions • Showcase Kinetic Art technology and advancements • Showcase Galleries that feature Kinetic Art • Kinetic art project activity workshops for youth (two different age groups) 3. International Kinetic Art Outdoor Exhibit Examples of ten artworks on display for one year and five iconic artworks on display for six months. Pane 1 it °t {kdtla�zyr ks� @lf,li i, t xirit“1 ds - , -r, :xtlil,ta� The City of Boynton Beach Arts {' is planning an internationaa Kinetic Art Exhibit and Symposium on Feb 8 -10 201 r,urrent planning An��Mrttormntis o, goals are to secure partners for the event's educational exhibii symposium components To date we have partner commitments with the Palm Beach County School District, Palm Beach State College, International Kinetic Art Organization City of Boynton Beach Community Redevelopment Agency and the Art & Science Collaborative We are exploring partnerships with the international Sculpture Center, Public Art Review, Florida Atlantic University, G - Star School and the International Film Festival and communi cation with potential sponsors I N T E R N A T I O N A L We have also applied for the Knights Foundation and the NEA Our Towns grants but were not awarded We will be applying for the ArtPlace grant KINETIC ART that "believes that art, culture and creativity expressed powerfully through EXHIBIT and SYMPOSIUM place can create vibrant communities, thus increasing the desire and the BOYNTON B E A C H, E L O H I D A economic opportunity for people to thrive in place 2013 We will continue to solicit interest in this International Kinetic Art Exhibit and Symposium and offer the sponsorships opportunities www.Intt KineticArtEventarc debby @IntlKineticArts osc $ 75,000 International Kinetic Art Commission and Academic Programming Kinetic Art Educational Partners hire Rein Triefeldt to produce a Kinetic Solar Art Project This community project combines the resources of its partner organizations to teach students and teachers in a collaborative, interesting manner and to engage A Kinetic Art Exhibit the students in an experiential, problem -based learning platform that consists of & Symposium the environment, math, science, nature, technology, and art The Solar Art Project designed to attract is a year -long educational program in which kinetic sculptor Rein Triefeldt works and engage visitors, with middle school and college students to teach them about energy, renewable participants and resources, the design and creative process of sculpting with kinetic art in tandem artists with engineering, math, science and fabrication departments Internationally, Rein is working on this project Internationally and has included Boynton Beach in regionally and his discussions presentation and speaking engagements for this global locally curriculum with a strong Rein and his educational partners will design and fabricate a model and then a emphasis on functioning, energy generating solar kinetic artwork which will be on exhibit at the education and Feb 8 -10 2013 event wonder. Sponsorship opportunities for this component are: • $10,000 - $15,000 for artist (Rein Treifeldt) residency fees • $50,000 - $75,000 to fabricate functional Kinetic SolArt project Sponsor will receive CITY OF BOYNTON BEACH e n b y c F , , ` Company name and logo included on all marketing and public Public Art Administrator relation materials associated with Academia programming 100 E Boynton Beach Blvd Promotion of sponsorship during year long program Boynton Beach, FL 33425 - Inclusion in National and International Solar Kinetic Art curriculum • Company name on plaque as sponsor of permanently placed cell l ' 6 i99 energy- producing Solar Kinetic Artwork email colesdobayd @bbfl us www boyntonbeacharts orc, $ 50,000 International Kinetic Art Symposium A weekend event that attracts artists, philanthropists, enthusiasts, educational organizations, students, educators and the general public. Components of the Kinetic Symposium are: • Indoor Kinetic Art Exhibit • Tours of the outdoor kinetic exhibit • Special VIP reception to meet the Kinetic artists, vendors and speakers • Kinetic art presentations and educational sessions • Showcase Kinetic Art technology and advancements vendors • Showcase Galleries that feature Kinetic Art • Kinetic art project activity workshops for youth (two different age groups) Costs for presentations and workshops: • Presenters $ 1,500.00 - $3,000.00 each (can be combined with feature artists fees) • Workshop costs $10,000 Vendors will be charged a fee of $199 to exhibit. Total revenue $4,000 for both exhibit spaces. Marketing International Kinetic Art Exhibit & Symposium Costs to prepare marketing materials for to promote exhibit & symposium: • $20,000 to create and produce 3,000 Kinetic Art show books with DVD. 2000 of which will be sold for $15.00 each netting $30,000. with 1,000 books for participating artists, sponsors, vendors and VIP officials. • Flyers, programs, brochures, invites, signage, web site, advertisements (produce and print) $15,000. (media sponsor offset cost for advertising placement) Sponsor will receive: • Company name and logo included on all marketing and public relation materials associated with Symposium programming • Promotion of sponsorship during year long program. • Company signage during event weekend. $ 30,000 International Kinetic Art Outdoor and Indoor Exhibits Avenue of the Arts budget into yearly Art in Public Places program at $15,000. Additional iconic kinetic artwork by renowned kinetic artists sited in strategic areas of Civic /Cultural District to highlight exhibit & symposium. Artists fees and installation costs for five additional kinetic artworks $10,000. Sponsor will receive: • Company name and logo included on all marketing and public relation materials associated with Outdoor Exhibit program. • Company signage during year long exhibit and heightened progressing six to four months prior to event. • Company name on all Outdoor Kinetic Artwork plaques. $155,000 International Kinetic Art Exhibit & Symposium • Exclusive sponsor with Company name and logo included on all marketing, public relations, signage, plaques as listed above. BOYNTON1 =BEACH CRA BOARD MEETING OF: November 8, 2011 1 Consent Agenda IX I Old Business I I New Business 1 1 Legal I I Executive Director's Report SUBJECT: Consideration of Resolution No. 11 -04 Amending the FY 2011 -2012 CRA Budget in the Amount of $220,000 and Allocation of $30,000 for Redevelopment Project(s) SUMMARY: At the October 11, 2011 meeting, the Board approved the amendment of the CRA's fiscal year 2011 -2012 budget as a result of the increase in millage rates by the City of Boynton Beach and Palm Beach County. The attached resolution and Exhibit detail the following amendments: 1. General Fund - $220,000 increase in TIF revenue and transfer to Project Fund 2. Project Fund - $40,000 increase in D1FA payment to The Promenade; $150,000 for Old High School Redevelopment; $30,000 for allocation by CRA Board (held in Project Fund Contingency). Potential Use of $30,000 Project Fund: 1. Study to Narrow and Beautify Boynton Beach Blvd. - $56,400 2. Match for Heritage Fest - to be based on what is raised by the committee 3. Seed funding for International Kinetic Art Exhibit - $30,000 request 4. Landscaping at C -16 Canal and Federal Hwy. - this is SFWM property that is mowed often. 5. Art benches, $15,000 each -TBD by the number of benches that can be sited FISCAL IMPACT: If approved, the Resolution will authorize an increase in the General Fund of $220,000 and transfer to Project Fund of $220,000 for the projects specified above. CRA PLAN, PROGRAM OR PROJECT: Boynton Beach Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Approve Resolution No. 11 -04 and allocate $30,000 for redevelopment project(s). / Vivian L. Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \November 2011 \Budget Amendment - R11 -04 doc RESOLUTION NO. 11-04 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO AMEND THE 2011 -2012 BUDGET TO INCREASE THE TOTAL APPROPRIATIONS FOR THE GENERAL FUND AND PROJECT FUND AND REFLECT MOVEMENT OF FUNDS FROM THE GENERAL FUND TO THE PROJECT FUND AND ALLOCATE PROJECT FUNDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Community Redevelopment Agency Board (hereafter "CRA ") has adopted the fiscal 2011 -2012 budget and does allow program changes as necessary; and 'WHEREAS, it is the objective to maintain accuracy of the budget document to reflect policy determinations of the Board as to the proper and legally defensible appropriation of funds authorized by the Community Redevelopment Plan.; and WHEREAS, the CRA Board has approved at the October 1 1 201 1 meeting an increase in revenues and expenses as a result of millage increases by the City of Boynton Beach and Palm Beach County that increase the tax Increment revenues payment due the CRA for the fiscal 2011 -2012 budget year; and WHEREAS, the difference between the approved budgeted funds available in FY 2011 -2012 and the actual revenue to be received as a result of increases in millage rates is $220,000.00; WHEREAS, the Director of Finance. teased on the Boards. policy determination has identified certain line item appropriations that require budget adjustments hereinafter reflected. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein. SECTION 2. The CRA hereby increases General Fund tax increment revenue and transfers to Project Fund by $220,000. Project Fund transfers in (revenue) is hereby increased by $220,000. Project Fund expenses are increased by (1) $40,000 for The Promenade direct incentive funding agreement payment, line item 02 -58400 -443; (2) $150,000 for Old High School redevelopment. line item 02 -58100 -203: and (3) $30,000 in Project Fund Contingency, line item 02 -58100 -202 to be reallocated by the CRA Board for projects as specified at the Board Meeting on November 8, 2011. A copy of the 2011 -2012 budget amendment is attached hereto as Exhibit "A ". SECTION 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4. If any clauses, sections, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD, THIS 8TH DAY OF NOVEMBER, 2011. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BY: Jose Rodriguez Chairperson Approved as to form: James Cherof CRA Attorney r \` l t_ c �; z oe'=ao�I g oic zmo�∎ 2, E. 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BOYNTON cRA =BEACH CRA BOARD MEETING OF: November 8, 2011 Consent Agenda 1 X 1 Old Business 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Consideration of Approval of Model Home Designs for Ocean Breeze West Development SUMMARY: Pursuant to Section 18.3 of the Development Agreement between the CRA and the Habitat for Humanity of South Palm Beach County Community Housing and Land Trust the Housing and Land Trust is to obtain the approval of the CRA Board for the home designs. They have submitted four designs for the one -story homes and two design for the two -story homes. There will be four two -story homes in the subdivision with the remainder being one - story. The homes range from 1,750 to 1,200 sq. ft. under air. The only change CRA requested is to enlarge the front and back porches from 4' in dept to 6' in dept in the front and at least 8' in the back. The designs have good architectural articulation and elements, lots of windows and very nice street frontage. The homes have Dade County impact approved windows, solar water heaters, solid wood kitchen cabinets, 40 year architectural grade shingle roofs, Energy -Star appliances, one -car garages and irrigation wells. FISCAL IMPACT: None for Board Information Only. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Approve the designs with staff recommendations. Vivian L. Broo s Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \November 2011 \Ocean Breeze Model Home Approval doc . . 4 ; 4.....' t 4•43- .... ' . .,. , I. 4.411 2 , .• , It , ,,, ' ,, E._ ,, .0 3 2 t• / 3 Sfl , "0 " -. E . ,: ,,' ...... 11 1. V . 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IV ..1 W 4-0.114-..141 ,e-n..x.e, ry ■ (Jewel On roc sue ...... s .4. 1.-b-.._...' l', t. = /17 , r . 1 111- 4.1;ii, / .' 1; — , , 1 ' .; i A I 000"El I .tv a- moo= 0 V , ,• 0 li J I° . , ■ 1 , , 1 g-_ i u9 f F En. ,. e :c girl. 0 ,... . rfr I .. .. ... _ IL, 1 1 1 _______ ,. 1 1.1,1, 11 ,, v ..: _____......,..;: 6 r . 1■ ; f — ; ' I 0 V -- 1-: j 41 1 fm 1 , C • ( ........m.... IU 1 I ............. ILI —' v ■ 1 O. , ' [ f .... : III 11---re E i s A ow n 'is ()) d) t 0 vo 12 t t ! r 1 gt ! - , t 1 ' ) 0 IER i t 0 cl , .t 1 il 1 I / -- t Isms I it i L 1 1 IFIlfill 1 , 1 1 ,_ ILL,M1 6 -- 3i [ 1 I- L • ......... 1 . 1 E 1 1 I 1 ----- I -4 L ma 1 Pin 1> ' 1 ,....._,.., 3 '.s , ,. „ DEVELOPMENT AGREEMENT This Development Agreement (hereinafter "Agreement ") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "CRA ") and HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY COMMUNITY HOUSING AND LAND TRUST, INC. (hereinafter "LAND TRUST ") having an address of 181 SE. 5 Avenue, Delray Beach, FL 33483. In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE OF REAL PROPERTY. CRA agrees to sell and convey to LAND TRUST and LAND TRUST agrees to purchase and develop real property, on the terms and conditions hereinafter set forth, the Property located in Palm Beach County, Florida (the "Property ") and more particularly described as follows: See Attached Exhibit "A". 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Ten Dollars ($10.00), receipt of which is hereby acknowledged. The parties agree that CRA is conveying the Property to LAND TRUST for the construction of twenty -one (21) single - family homes. No more than fifteen (15) of the homes can be sold to families earning below fifty percent (50 %) of area Median Household Income for Palm Beach County. CRA has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to LAND TRUST. 3. DEPOSIT. Not applicable. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date ") shall be the date when the last one of the CRA and LAND TRUST has signed the Agreement. 5. LOT DRAW DOWN PROCEDURE. LAND TRUST shall notify the CRA in writing of its intent to draw down any of the twenty -one (21) lots within the Property for closing sixty (60) days prior to the proposed lot closing date. LAND TRUST shall identify which Lots it intends to close on. The CRA shall prepare for a closing and notify LAND TRUST of the closing date. 6. TITLE TO BE CONVEYED. At each closing, CRA shall convey to LAND TRUST, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions "): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights -of -way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which LAND TRUST fails to object, or which LAND TRUST agrees DEVELOPMENT AGREEMENT (revised ho- r) r "' Page 2of11 to accept, pursuant to Section 7 1 and Section 7.2 hereof 7. INVESTIGATION OF THE PROPERTY. During the term of this Agreement ( "Feasibility Period "), LAND TRUST, and LAND TRUST'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents "), shall have the right, at LAND TRUST'S expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to CRA and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II investigations, which LAND TRUST may deem necessary. During this Feasibility Period, LAND TRUST may elect, in LAND TRUST'S sole and absolute discretion, to terminate this contract. If LAND TRUST elects to terminate this Agreement in accordance with this Section, LAND TRUST shall: (i) leave the Property (accepting any lots which have been previously LEASED TO HOMEBUYERS IN ACCORDANCF WITH THE TERMS HERE OF) in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (u) to the extent practicable, shall repair and restore any damage caused to the Property by LAND TRUST'S testing and investigation; and (iii) release to CRA, at no cost, all reports and other work generated as a result of the LAND TRUST'S testing and investigation. LAND TRUST hereby agrees to indemnify and hold CRA harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to LAND TRUST (including, without limitation, any construction hens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of LAND TRUST'S investigation of the Property LAND TRUST'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. CRA hereby agrees to indemnify and hold LAND TRUST harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to CRA or for damage to persons or property (subject to the limitation on practicability provided above) arising out of LAND TRUST'S investigation of the Property. CRA'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. However, CRA'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. 7 1 CRA's Documents. CRA shall deliver to LAND TRUST the following documents and instruments within five (5) days of the Effective Date of this Agreement: copies of any reports or studies, if any, (including environmental, engineering, surveys, soil borings and other physical reports) in CRA'S possession or control with respect to the physical condition of the Property, if any. 7 2 Title Review. Within ten (10) days of the Effective Date, LAND TRUST shall obtain, at the LAND TRUST'S expense, from a Title Company chosen by LAND TRUST (hereinafter "Title Company "), a Title Commitment covering the Property and proposing to insure LAND TRUST in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 3 of 13 or exceptions in Schedule B of the Title Commitment. LAND TRUST shall examine the Title Commitment and deliver written notice to CRA no later than twenty (20) days after the Effective Date notifying CRA of any objections LAND TRUST has to the condition of title (hereinafter "LAND TRUST'S Title Objections "). If LAND TRUST fails to deliver LAND TRUST'S Title Objections to CRA within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If LAND TRUST timely delivers the LAND TRUST'S Title Objections, then CRA shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the LAND TRUST'S Title Objections (hereinafter "Cure Period "). However, in no event shall the CRA be obligated to expend any amount of money exceeding ten thousand ($10,000.00) dollars to cure the title objection. In the event that CRA is unable to cure and remove, or cause to be cured and removed, the LAND TRUST'S Title Objections within the Cure Period to the satisfaction of LAND TRUST, then LAND TRUST, in LAND TRUST'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, LAND TRUST shall have the right to cause the Title Company to issue an updated Title Commitment ( "Title Update ") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURHCASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.3 Survey Review. LAND TRUST, at LAND TRUST'S expense, may obtain a current boundary survey (the "Survey ") of the Property, indicating the number of acres comprising the Property to the nearest 1 /100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.2 concerning title objections. 7.4 REAL PROPERTY SOLD AS IS, WHERE IS, RELEASE. The CRA makes and shall make no warranty regarding the title to the Property except as to any warranties which will be contained in the instruments to be delivered by the CRA at Closing in accordance with this Agreement, and the CRA makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. LAND TRUST specifically acknowledges and agrees that the CRA shall sell and LAND TRUST shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the CRA'S representations and warranties specifically set forth in this Agreement, LAND TRUST is not relying on any representations or warranties of any kind whatsoever, express or implied, from the CRA its agents, officers, or DEVELOPMEN ! AGREEMENT (revised by IJ " Page 4of1 employees, as to any matters concerning the Property including, without limitation, any matters relating to (1) the quality, nature, adequacy, or physical condition of the Property, (2) the quality nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (5) the Property's value, use, habitability, or merchantability, (6) the fitness, suitability, or adequacy of the Property for any particular use or purpose, (7) the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi - governmental entity or of any other person or entity. including, without limitation, environmental person or entity. including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighbonng property, (10) the freedom of the Property from latent or apparent vices or defects, (11) peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement, or (14) any other matter or matters of any nature or kind whatsoever relating to the Property As used herein, the term "Hazardous Materials" means (i) those substances included within the definitions of "hazardous substances ". "hazardous materials ", "toxic substances" or "solid waste" in the Comprehensive Environmental Response. Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U S.C. § 6901 et seq., the Hazardous Materials 'Transportation Act, 49 U S. C §1801 et seq., or the Clean Water Act, 33 U.S.0 §1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as "hazardous substances ". "hazardous materials ". "toxic substances" or "solid waste (iii) such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable local, state or federal laws, ordinances or regulations; and any matenal, waste or substance which is petroleum, asbestos, polychlorinated, biphenyls, flammable explosives or radioactive materials. 8. CONDITIONS TO CLOSING. LAND TRUST shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing ") are either fulfilled or waived by LAND TRUST in writing. 8.1 Representations and Warranties. All of the representations and warranties of CRA contained in this Agreement shall be true and correct as of Closing. 8 2 Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 5 of 13 9. CLOSING DOCUMENTS. For each lot closing, the CRA shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, CRA shall execute and deliver, or cause to be executed and delivered to LAND TRUST the following documents and instruments: 9.1 Deed. A Quit Claim Deed (the "Deed ") conveying to LAND TRUST valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions which shall include a deed restriction which shall specifically identify that each lot conveyed to LAND TRUST shall be conveyed only to eligible purchasers whose income shall not exceed 120% of median household income for Palm Beach County as established from time to time by HUD. 9.2 CRA's Affidavits. CRA shall furnish to LAND TRUST an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than CRA. CRA shall also furnish to LAND TRUST a non - foreign affidavit with respect to the Property. In the event CRA is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 9.3 Closing Statement. A closing statement setting forth the Purchase Price, all credits, adjustments and pro rations between LAND TRUST and CRA, all costs and expenses to be paid at Closing, and the net proceeds due CRA, which CRA shall also execute and deliver at Closing. 9.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1 Pro rations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by pro rations to be made through the day prior to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill. 10.2 Closing Costs. CRA shall pay for documentary stamps on the deed, recording the deed and all general closing expenses (settlement fee, courier fees, overnight packages, etc.). The CRA and LAND TRUST shall each be responsible for it's respective attorney fees and costs. DEVELOPMEN1 AGREEMENT (revised tar t) Page 6of1 10.3 Closing Procedure. LAND TRUS "1 shall fund the Purchase Pnce of $10.00. CRA and LAND TRUST (as applicable) shall execute and deliver to Closing Agent the Closing Documents The Closing Agent shall, at Closing: (i) disburse the sale proceeds to CRA, (ii) deliver the Closing Documents and a "marked -up" Title Commitment to LAND TRUST, and promptly thereafter. record the Deed and other recordable Closing Documents in the appropriate public records 10.4 Existing Mortgages and Other Liens. At Closing, CRA shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, hens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. 11 1 CRA's Representations and Warranties. CRA hereby represents. covenants and warrants to LAND TRUST, as of the Effective Date and as of the Closing Date, as follows: 11.2 Authonty. The execution and delivery of this Agreement by CRA and the consummation by CRA of the transaction contemplated by this Agreement are within CRA'S capacity and all requisite action has been taken to make this Agreement valid and binding on CRA in accordance with its terms. The person executing this Agreement on behalf of CRA has been duly authorized to act on behalf of and to bind CRA, and this Agreement represents a valid and binding obligation of CRA 11 3 Title. CRA is and will be on the Closing Date, the owner of valid, good. marketable and insurable fee simple title to the Property. free and clear of all hens encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12. DEFAULT. 12.1 LAND TRUST's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of LAND TRUST, subject to the provisions of Paragraph 12.3 below, neither LAND TRUST nor CRA shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that LAND TRUST shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under LAND TRUST, but not otherwise. 12.2 CRA's Default. In the event that CRA shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of CRA'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, LAND TRUST may, at its option: (1) declare CRA in default under this Agreement by notice delivered to CRA, in which event LAND TRUST may terminate this Agreement and neither Party shall have any further rights hereunder DEVELOPMENT AGREEMENT (revised by DJ 7!2711) Page 7 of 13 12.3 Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non - defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non - defaulting Party may exercise the remedies described above. 12.4 Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to CRA: Boynton Beach Community Redevelopment Agency Attention: Executive Director, Vivian Brooks 915 S. Federal Highway Boynton Beach, Florida 33435 With a copy to: Jim Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Fort Lauderdale, FL 33308 If to LAND TRUST: Michael Campbell 81 SE. 5 Avenue Delray Beach, FL 33483. 14. BINDING OBLIGATION /ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. CRA may not assign its interest in this Agreement without the prior written consent of LAND TRUST, which shall not be unreasonably withheld. LAND TRUST may not assign this Agreement to any other party without the prior written approval of CRA which shall not be unreasonably withheld. 15. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of CRA, LAND TRUST may elect, as its sole option, to terminate this Agreement and the parties shall have no further obligations under this agreement, or LAND TRUST may accept the Property without any reduction in the value of the Property. DEVELOPMENT AGREEMENT (revised h� J} ' Page 8of13 16. BROKER FEES. The Parties hereby confine that neither of them has dealt wrtli any broker in connection with the transaction contemplated by this Agreement. Each Party shall indemnify, defend and hold harmless the other Party from and against any and all claims, losses. damages, costs or expenses (including, without limitation. attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. However, CRA'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. The provisions of this Section shall survive Closing or termination of this Agreement 17. ENVIRONMENTAL CONDITIONS. 7'o the best of CRA'S knowledge. the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 18. DEVELOPMENT OF THE PROPERTY CRA and LAND TRUST acknowledge that the Property is being sold to LAND TRUST for the sole purpose of developing, marketing and selling twenty -one (21) single - family homes to families whose income does not exceed 120% of median household income for Palm Beach County as set by HUD. No more than fifteen of the homes may be sold to families whose income is below 50% of median household income for Palm Beach County. The Property is to be held by the LAND TRUST FOR HUMANITY OF SOUTH PALM BEACH COUNTY COMMUNITY HOUSING AND LAND TRUST. INC Its accessors and or assigns in perpetuity to ensure future affordability of the homes 18.1 Construction. LAND TRUST agrees to construct twenty -one (21) single- family homes pursuant to the construction schedule and requirements provided herein. LAND TRUST agrees to begin construction on all homes by December 2013. Construction shall mean vertical construction of the walls. 18 2 Construction Requirements. The following amenities are required in each home and must conform to or exceed City of Boynton Beach codes and regulations unless otherwise specified: a. All homes shall include, at a minimum three bedrooms, two full bathrooms, a one -car garage, a living room, dining room, full kitchen and a master bedroom with walk -in closet and attached bathroom. The following appliances shall be included and must be Energy Star rated: • Refrigerator • Oven /Range • Built -in microwave oven • Dishwasher • Washer • Dryer • Water heater • Irrigation pump if a well is required by the City DEVELOPMENT AGREEMENT (revised by DJ 712711) Page 9 of 13 • Central air conditioning/heating. c. Ceramic tile throughout the hallways, kitchen, dining area and bathrooms. d. Carpet in the living room and bedroom. e. All windows shall be Dade County hurricane rated. f. The roof shall be warranteed for a minimum of twenty years. g. Xeriscape landscaping and irrigation that exceeds the minimum requirements of the City code. h. Two community monument signs; one to be located at NW 8 Avenue and one a NW 1 Street. Signs to be constructed of concrete and must be at least four feet high by five feet wide. i. A fenced and landscaped buffer to be installed along the entire Project boundary at Seacrest Boulevard subject to City approval. j. Installation of streetlights within the Project subject to City approval. 18.3 CRA Design Approval. Prior to submittal to the City for construction permit, LAND TRUST must obtain CRA Board approval of the design of all model homes. LAND TRUST shall submit the proposed final plans to the CRA no less than thirty (30) days prior to the next regularly scheduled meeting of the CRA board. The CRA Board approval will be provided in writing to LAND TRUST within five (5) business days of the CRA Board meeting where the approval was voted upon. 19. LAND TRUST. LAND TRUST agrees to that all twenty -one (21) lots will be transferred into the LAND TRUST for Humanity of South Palm Beach County Community Housing and Land Trust, Inc. Its accessor's and or assigns and that all the lots shall remain the property of a community land trust in perpetuity. Only improvements on the lots may be transferred to subsequent buyers. Lots shall be leased to home buyers under a ground lease ( "Ground Lease "). 19.1 Maintenance. As the manager of the Land Trust, LAND TRUST agrees to maintain the common areas of the Property and each individual lot within the Property once each lot is developed, in perpetuity. LAND TRUST shall enforce the terms of the Ground Lease at all times. 20. REVERTER. Subject to terms 21.13 below, in the event LAND TRUST fails to adhere to the timeline outlined in Section 18.1, and LAND TRUST has not provided CRA with a written notification as to the reason explaining that circumstances not under the control of LAND TRUST have prevented LAND TRUST from meeting the timeline which in the reasonable discretion of the CRA it may reject, then the Property shall, as a matter of law, automatically revert back to the CRA. The CRA agrees to work reasonably with LAND TRUST in working within the timeframe set forth above, but LAND TRUST and CRA agree that time is of the essence. Furthermore, if each home is not sold to income - qualified buyers as defined herein and approved by the CRA, the property upon which the home is located shall, by operation of law, revert back to CRA. If the Property reverts back to the CRA, the CRA may in its discretion complete the construction of the homes and satisfy any outstanding construction loans held by LAND TRUST provided LAND TRUST has assigned the construction contract to the CRA. In the event the CRA funds the construction of the home it shall deduct from the sale proceeds of the home, the full amount necessary to reimburse the CRA for all funds advanced. In the event DEVELOPMENT AGREEMENT fievised by DI 7 ry' Page 10 of] there are any surplus funds remaining after the CRA has been fully reimbursed for all funds advanced by it to complete construction of the house, the remaining surplus funds, if any, shall be paid over by the CRA to LAND TRUST. 21. MISCELLANEOUS. 21 1 General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Honda. 21 2 Computation of Time. Any reference herein to time penods which arc not measured in Business Days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5 00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof 21.3 Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 21.4 Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 21.5 Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 11 of 13 of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 21.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by CRA and CRA shall control all printed provisions in conflict therewith. 21.7 Waiver of Jury Trial. As an inducement to LAND TRUST agreeing to enter into this Agreement, LAND TRUST and CRA hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 21.8 Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 21.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and CRA has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 21.10 Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 21.11 Survival. The covenants, warranties, representations, indemnities and undertakings of CRA set forth in this Agreement, shall survive the Closing, the delivery and recording of the CRA Property Deed and LAND TRUST'S possession of the Property. 21.12 CRA Attorneys' Fees and Costs. CRA acknowledges and agrees that CRA shall be responsible for its own attorneys' fees and all costs, if any, incurred by CRA in connection with the transaction contemplated by this Agreement. 21.13 Force Majeure - The parties shall not be liable for any delay in performance or failure to perform any term or condition of this Agreement caused by (i) fire, (ii) explosion, (iii) accident, (iv) flood, (v) strike, (vi) any regulation, rule or act of governmental agency precluding performance, (vii) any act of God, (viii) armed conflict, or (ix) civil commotion. SIGNATURES ON FOLLOWING PAGE IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective. date. LAND TRUST CRA LAND TRUST FOR HUMANITY BOYNTON BEACH COMMUNITY OF SOUTH PALM BEACH COUNTY REDEVELOMENT AGENCY COMMUNITY HOUSING AND LAND TRUST, INC. By / a c By - y Print Name: f { J c 4c... / . �� /_ if Print Name: Jose Rofilfiguez Title: - 5 Title Chatrperst5n Date. r 1 7L-111 j Date 4/31/1 j >! Witnesses: 2A, = % Wrtnes r k 1� —� t, r � % V e0i ApprovAlas is • anVlegal sufficiency: CRA ttorney H \1998V980465 BBCRAtH4H Developers Agreement Clean Vetston doe DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 13 of 13 Exhibit "A" Legal Description PCN: 08- 43- 45- 21 -07- 002 -1311 And PCN: 08- 43- 45- 21 -07- 002 -1320 And PCN: 08- 43- 45 -21 -07 -002 -1321 BOYNTON c RA BEACH CRA BOARD MEETING OF: November 8, 2011 Consent Agenda I I Old Business I X I New Business I I Legal I I Executive Director's Report SUBJECT: Consideration of Palm Transit Bus Information Sign License for 222 N. Federal Highway SUMMARY: The CRA is the Owner of the property located at 222 N. Federal Highway which is the vacant parcel located at the SE corner of Boynton Beach Boulevard and Federal Highway (see attached property map). Currently, the Palm Transit System has an existing bus stop located at the western edge of the property along the sidewalk facing north bound Federal Highway. Palm Tran has requested the CRA approve and allow the installation of a solar powered "bus stop information sign" at the south edge of the existing bus stop concrete pad (see attached diagrams). After review of the site plan and Palm Tran's desired placement of the requested signage, CRA staff has no objection to allowing the new sign to be placed on the property as indicated in the Palm Tran diagrams. Palm Tran has provided a license agreement (attached) in which the CRA agrees to allow placement of the sign for an initial and irrevocable ten year term but can be terminated within 120 days of the end of this term. All costs associated with the installation of the sign shall be borne by Palm Tran. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Boynton Beach Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Approve Palm Tran's request to execute the Transit Bus Stop Information Sign License Agreement for placement of an information sign on the CRA owned property located at 222 N. Federal Highway. Michael Simon Development Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \November 2011 \Transit Bus License 222 N Fed Hwy doc Print Pa! -Property Detain i :, : PCN 0843452702000001E r -, Name BOYNTON BEACH CRA Location 222 N FEDERAL NW' — Mailing 915 S FEDERAL HW BOYNTON BEACH r i 3 5612 - — P'Nppra'. 0sai V�arl1,tt', --s r # Market Value $663 0471 ■ t it * A ssessed Value $663 047 "," Exempt Amnt $663,047 -, � o $0, Taxable t ;� ` �1 Ad Valorem $ 00 I. Non ad valorem $518 40 , ham :.ter ,4. 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I gli : AVMHOIH 1Va3033 — S '0N OVOa 31VIS A Prepared by: Return to: TRANSIT BUS STOP INFORMATION SIGN LICENSE THIS LICENSE is granted and given this day of 201 by , an individual, or a (type of entity) , authorized to do business in the State of Florida, whose principal place of business is located at Fl. and whose Federal I.D Number is (hereinafter referred to as the "Owner ") to the Palm Beach County Board of County Commissioners, a political subdivision of the State of Florida, (hereinafter referred to as the "County" and /or "Palm Tran "). WITNESSETH 1. Owner is the owner of certain real property located in Palm Beach County located at (the "Property "), as legally described on Exhibit A 2. County desires to use a portion of said property (hereinafter the "Premises "), at the agreed location shown on the sketch attached to Exhibit A, for a Palm Tran solar powered transit bus stop information sign. 3. Owner is willing to and does hereby give and grant to the County an irrevocable license to use the Premises for the purposes described herein 4. Owner affirmatively represents to County that it is the fee simple owner of the Premises, that it is authorized to grant this license and enable the County to access, improve and use the Premises, and that the County's use of the Premises will not impede, hinder, obstruct or interfere with any interest any other person of entity may have in the Premises. Owner shall defend and hold the County harmless from any claims of any person or entity asserting that it holds superior rights to the use or control of the Premises licensed to County hereunder. 5. In consideration of the payment of Ten Dollars ($10.00) from County to the Owner and other good and valuable consideration, receipt of which is hereby acknowledged, the Owner hereby gives and grants to the County an irrevocable license, right, privilege and license to access, improve and use the Premises solely and exclusively for a transit bus stop information sign. County will not without owner's written permission use or permit use of the premises for any other business or purpose whatsoever. 6. The County may, through its contractor, construct and place a transit bus information sign upon the Premises. The concrete base for the placement of the sign will be approximately three (3) feet in diameter and five (5) ) feet deep, adjacent to the existing roadway at the location mutually agreed to by the Owner and the County. The sign post will extend approximately twelve (12) feet from the surface and the sign's solar panel dimensions will be approximately 5' x 4'6" x 6 ".The County will bear the full cost of the construction of all improvements, which will be to the standard design specifications used by the County. Pg 1 of 3 7. The County, or its contractors, will undertake and perform all necessary maintenance and repairs and will maintain the improvements in good repair and condition, reasonable wear and tear excepted. 8. The initial term and duration of this irrevocable License is for a period of Ten (10) years commencing on the date of execution by the Owner, unless sooner terminated by the County. Thereafter, this License shall continue in full force and effect on a year to year basis, unless terminated by the Owner upon not less than 120 days prior written notice to the County, before the end of the then applicable term of the License. 9. County, with the assistance of the Owner, shall secure any required permits and comply with all regulations of all county, municipal, state, federal and other applicable governmental authorities, now in force or which may hereafter be in force, pertaining to use of the Premises, and shall faithfully observe, in the use of the Premises, all municipal and county ordinances and state and federal statutes. Owner shall cooperate and assist County in its efforts to obtain any permits required or needed to enable County to use the Premises for the purposes described in this License. 10. Upon County's election to terminate this license prior to its expiration date, or upon expiration, the County shall at its sole cost and expense, remove all improvements and personal property from the Premises and surrender the Premises to the Owner in the same condition as it was in on the commencement date of this License, reasonable wear and tear excepted. 11. This License, including the attached Exhibit A, constitutes the entire agreement and understanding between County and Owner concerning the Premises. No subsequent alteration, waiver, change or additions to the License shall be binding on County or Owner unless reduced to writing and signed by them. 12. Notices shall be in writing and given only by certified mail, return receipt requested addressed: (a) To the County at: Palm Tran Attn: Executive Director 3201 Electronics Way West Palm Beach, Fl. 33407 (b) To the Owner: Pg 2 0f 3 13. This License shall be governed by and interpreted according to the laws of the State of Florida and venue in any action, suite or proceeding in connection herewith shall be in a state court of competent jurisdiction in Palm Beach County Florida Signed and Sealed by or on behalf of the Owner this day of , 201_ Witness: Owner: By: Signature Print Name Print Name and Title (Seal) Signature Print Name STATE OF FLORIDA ) COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared , who is personally known to me or who has /have produced as identification and who did /did not take an oath, executed the foregoing instrument, for the uses and purposes expressed therein. WITNESS my hand and official seal the day of , 201_ Signed: (print name) Notarial Seal Notary Public, State of Florida My Commission Expires: (Rev 8/8/11) Pg 3 of 3 O .— 0 co Co E bO a) .(7) N v .— c O U 4) co O co 0 V 3 0 0 . ' opl 4 2, 6 ! 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CELL -100 (8017) pATTERY CELLS ' rt._ '1' AND SOL SlJ15AVER MODEL .0 2OL CHARGE I 1 t I 1 CONTROLLER IN ESA 400 \ STORAGE ARRAY 2 1 i i ■\� LEP SIGN DLI220 W/ - lz■ \ 1 DID U 'A 6Y DATA ' \ f DISPLAY W/ SIGNFIX POLE MOUNTING RAIL SYSTEM I PUSH )SUTTON AND - -_ SPEAKER DY GAMPDELL COMPANY (ASSEMBLY NO. 5711) O "" GROUNDING LUG y ZT FDOT APPROVED TYPE \ 1 4000 PSI CONCRETE PIER O •f• • bi `^ # AWS SOLID BARE COPPER W1RE TO ■ GROUND ROD � ' Iw , \ GRADE i\\ \ . ° /`O \ \ A.A.. • . 4 ° � , ALL CLAMP SUIT % a . o ° • ;2 v ° ° . qtr F OR DIRECT BURIAL'G I = . ° OR EXOTHERMIC � a WELD . .. O \ • ,_ . • COPPER GLAD \ \ � ° ° `� ° DRIVEN INTO C1ND ROD o • . . ° _ \ \ (FDISTURBED EAZTH ,f, k 4 '—d'0 4"-0"o ELEVATION VIEWS SCALE: 3/8 "= P -0" ril ALBERT A. GARGIULO P. DATE ENGINEER FLORIDA LIC. # PE 32582 11/02/2010 SC ALE S OLAR POWERED LED PALM TRAN SIGN 3 /8" =1' -0" S TOP #1058 MILITARY TRAIL #3095 [CONNECTION] SHEET 3 24 SUNSET RD. WEST PALM BEACH, FLORIDA 33401 - TEL. (561) 686.5554 - FAX. 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'L7 ' 0) w . C C d C lC C_ LL m Q it LL m ((5 BOYNTON CRA =BEAC CRA BOARD MEETING OF: November 8, 2011 Consent Agenda 1 I Old Business 1 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Downtown Open Market — Sunday, November 20, 2011. • SUMMARY: On Sunday, November 20, 2011, the Boynton Beach CRA continues the series of Downtown Open Market's at the Civic Center and the surrounding outdoor area. • This FREE event will take place from 11:00 AM to 6:00 PM • The event features 60+ vendors with items such as: handmade indie crafts, vintage goods, art and specialty pet items. • Food and Drinks provided by the latest food craze: Gourmet Food Trucks. • Ample FREE parking onsite. • No pets please. FISCAL IMPACT: Budgeted in line item 02 -58500 -480. CRA PLAN, PROGRAM OR PROJECT: RECOMMENDATIONS /OPTIONS: Kathy Biscuiti Special Events Director T:WGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \November 2011 \Downtown Open Market Nov.2011.doc El ar) -f / _ ° N mow( -, I...., v ! mil • 6C .Z ( ) - • w -9 ' ' ' '' \ 0 O - E j p�'� fTi lbw V .,. O.. r -6-1 a m 3 o J ›t1 g I fCS ' , Cfl C� O`✓ • 7 lP.:d�` to E 0 1 a N A �„ N a C3 aIl Z ir, m T`a C ,) CG N O C t • V.,..) C SEE � . 4 4, � E c.,} 141 U � O �ZA W act e c E u � ..• . c� � • w 124 O cis „ c / y ". 4 0 O 1=4 w ° J . * O w V O ∎ Q1 i+ E..•v co ey 0 1�1 C �7 OnQJ v >J m t� Q V- H o o a. d •' ••Q }y Al r c3 — F ° m g' w a� �...> 0 t--. u n c) , ra a q 6 a. . ., C Q, N� . r0 °m m 13 R v O W o " (/I � ,=. 5 w e BOYNTON C RA :...BEACH CRA BOARD MEETING OF: November 8, 2011 1 Consent Agenda 11 Old Business 11 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Holiday Extravaganza 2011. • SUMMARY: On Saturday, December 3, 2011, the Boynton Beach CRA presents Holiday Extravaganza. • The Parade runs from 5:OOpm to 6:30pm, North in the Southbound lane of Federal Hwy., from SE 12 Avenue to E. Ocean Avenue. • The Tree and Menorah Lightings will take place at 6:45pm at the Schoolhouse Children's Museum at 129 East Ocean Avenue (just east of Seacrest). • The FREE Concert featuring BRASS TRANSIT — The CHICAGO tribute band starts at 7:OOpm until 10:OOpm on East Ocean Avenue between Seacrest and NE 1 Street. • Food and beverage vendors will be available. • No pets please. • Free shuttle service from the NE corner of Federal Hwy. & Ocean Ave. to the concert site from 6:30pm until 10:30pm. • Everyone is encouraged to bring new unwrapped toys for Toys for Tots. FISCAL IMPACT: Budgeted in line item 02 -58500 -480. CRA PLAN, PROGRAM OR PROJECT: RECOMMENDATIONS /OPTIONS : Kathy Biscuiti Special Events Director G: \CRA Board \Holiday Extravaganza 2011.doc Beach Pre ants '‘ia;)(162'** Boynton r 1(T IATuituyt IIft 5:00 p.m. 41st Annual Holiday Parade North on Federal Hwy. from SE 12th to Ocean Ave. '';> 6:30 p.m. Lighting Ceremony Ocean Ave. between Seacrest Blvd and SE 1st St. <4::::4› 7:00 p.m. FREE Concert featuring Bass Transit asooTribute Band Ocean Ave. between Seacrest Blvd and SE 1st St. Food & beverages available. No pets. Ride the FREE shuttle - park at NE corner of E Ocean Ave and Federal Hwy, 6:00 - 11:00 p.m. Information Line: 561-742-6246 Website: www.boyntonbeachcra.com Boynton & Delray Beach's Annual Boat Parade TOYS I F"or 'LOTS a�•,r *`. MAKE SURE TO BRING NF As p'rmWPAPPED TOYS BOYNTON p Maroon 11►� 1'.�liT� I��.1(1, }��r :..BEACH rRA anlatoMbon corm any BOYNTON . C BEACH RA CRA BOARD MEETING OF: November 8, 2011 1 Consent Agenda 1 I Old Business 1 1 New Business 1 1 Legal 1 I Executive Director's Report SUBJECT: Holiday Boat Parade, Friday, December 9, 2011. • SUMMARY: On Friday, December 9, 2011, the Boynton Beach CRA presents the Holiday Boat Parade. • Parade starts at 6:30 pm and runs south from the Boynton Inlet to the C -15 canal south of Delray Beach. • Public viewing area at the Boynton Harbor Marina • Live entertainment • Food and drinks available for purchase. • Please bring new, unwrapped toys for Toys for Tots • US Marines will be on land and water for toy collection • No pets please. • Parking onsite in the parking garage and on the NE corner of N. Federal Hwy. and E. Ocean Avenue. • To enter your boat in the parade, call the CRA 737 -3256 or the Boynton Harbor Marina - Rob Larson at 735 -7955. FISCAL IMPACT: Budgeted in line item 02 -58500 -480. CRA PLAN, PROGRAM OR PROJECT: RECOMMENDATIONS /OPTIONS: Kathy Biscuiti Special Events Director G: \CRA Board \Holiday Boat Parade 2011.doc Boynton Beach & Deiray beach Present :sYNTON H A BEACH (-RA t t p a l e Friday, December 9 , . 0 - 6:30p.m. �. Parade begins at the Boynton Beach Inlet !` ` "' ra�; and proceeds south to the C-15 canal • = : s� 4 ":_ in Delray Beach. -i m - Pre-Party starts at 5:30 p.m. music, pictures with Santa and more! Live Boynton Harbor Marina by b Two Georges Waterfront Grille 3.3.-:: Parking available at First Financial Plaza, NE corner of Ocean Ave. and Federal Hwy. 44' rk Food & Drink Vendors available. :_ r "+�` No Pets Please! To enter your boat, call 737 -3256 x 219. EVERY CHILD DESERVES A TOY - FOR THE HOLIDAYS! t &SI FOR i SOTS iroAt *ANILItAr s. 1 1 Make sure to bring new, unwrapped toys to the OFFICIAL TOYS -FOR -TOTS DONATION SIT Viewing area at Boynton Harbor Marina -� _ Marine Industries Association BOYNTON BEACH CAM.ER OF COMMERCE Event Information: 742 -6246 or visit www.boyntonbeachcra.com MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, OCTOBER 11, 2011 AT 6:00 PM IN CITY COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA PRESENT: Jose Rodriguez, Chair Vivian Brooks, Executive Director Bill Orlove, Vice Chair James Cherof, Board Attorney James "Buck" Buchanan Woodrow Hay Steve Holzman Mark Karageorge ABSENT: Marlene Ross I. Call to Order - Chaim Jose Rodriguez Chair Rodriguez called the meeting to order at 6:29 p.m. II. Pledge to the Flag and Invocation Mr. Karageorge gave the invocation followed by the Pledge of Allegiance to the Flag. Chair Rodriguez announced Ms. Ross was unable to attend the meeting. III. Roll CaII The Recording Secretary called the roll. A quorum was present. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Mr. Karageorge requested hearing New Business item 11 B before Item 11 A. Chair Rodriguez pulled Consent Agenda Item E. 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL October 11, 2011 B. Adoption of Agenda Motion Mr. Holzman moved to approve the agenda. Mr. Hay seconded the motion that unanimously passed. V. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts for Items Presented to the CRA Board on Agenda Items There were no disclosures made by the members. B. Informational Announcements Mr. Hay spoke about the Literacy Coalition "Read for the Record" program at the various schools. He read to fourth and fifth graders and it was well received. He hoped the program would continue. Vice Chair Orlove noted a very positive newspaper article in the Sun Sentinel about the Community Redevelopment Agency in which Mike Simon, Development Director, and Susan Harris, Finance Director, were paraphrased. Vice Chair Orlove thanked staff for the positive press Mr. Karageorge attended the Chamber Luncheon when Jorge Pesquera, Chief Executive Officer, Palm Beach County Convention and Visitors Bureau, outlined the County's Sales and Marketing plan. He commented the plan included Boynton Beach and the luncheon was very informative. He commented he attended the Tri -City Expo where the Boynton Beach Community Redevelopment Agency had an exhibit. There were about 300 attendees and the event was well staffed. He complimented the CRA staff as they did a great job providing information about upcoming events and programs in Boynton Beach. Mr. Karageorge also thanked the Board and Agency for allowing him to represent them at the Palm Beach County Business Development Board Gala. It was a very elegant affair, and it featured the Boynton Beach High School Dimensional Harmony Choir. At the reception, the Choir received a standing ovation after each song and it was great for the Choir to receive such positive exposure. There were over 500 attendees and the Choir put Boynton Beach in a very positive light. The Business Development Board acknowledged outgoing president, Val Perez, and Fabiola (Fab) Brumley, the new Chair. He noted Ms. Brumley was only the second woman to become Chair in the organization's 29 -year history. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL October 11, 2011 Mr. Karageorge announced the Chamber of Commerce would be holding a luncheon at Bethesda Hospital featuring all the non - profits in the greater Boynton Beach area. Additionally, many of the Board members and staff would be attending the Florida Redevelopment Association meetings on the 19th to the 21st. Vi. Announcements & Awards: A. Downtown Open Market — October 16 Kathy Biscuits, Special Events Director, felt badly that Sunday "FunDay," their first event of the season, had to be cancelled due to inclement weather. The weather changed at the ninth hour and many individuals were arriving for the event, but were turned away due to the cancellation. The event would continue once a month. She noted the petting zoo was a big draw so she was attempting to have the petting zoo in November. This event would have a pilgrim and Indian theme, and there would be Tots of fun things for the kids. Staff was also considering fishing themes for summer activities. Mr. Hay requested having signs regarding parking, as he had received some inquiries. Ms. Biscuiti stated the flyer indicates where parking was located; however, she could add that parking was also available in the parking garage. Next Sunday would be the first downtown open market event. It would be held both inside and outside the Civic Center. There would be seven to ten gourmet food trucks with their own specialties, amazing crafters, vintage goods, arts and specialty pet items, as well as other unique items. It would be fun for the entire family. They will use the pumpkins they had planned to use at the cancelled Sunday FunDay event and would have children decorate and take home their pumpkins. In the event of inclement weather, all the vendors could be housed indoors. A band would play for a few hours outside during the middle of the day. B. Seacrest Ribbon Cutting — November 3, 2011 On November 3, 2011, the Seacrest Ribbon Cutting would be held for the streetscape and art feature. The event would take place by the art feature on the SW comer of MLK and Seacrest at 5:00 p.m. Margee Walsh, Marketing Director, pointed out in addition to the Seacrest Ribbon Cutting Ceremony, they learned the Gulfstream Gardens project on South Federal will hold a groundbreaking ceremony that moming. It was not an event staff was hosting, but one the Board may want to participate She contacted the developer, Rick Lococo, who advised the event would be held at 10:30 a.m. Ms. Walsh agreed to provide further details as she received them. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL October 11, 2011 The art for the new WalMart would be installed this week and Ms. Walsh would alert the Board when it would take place as it was a great photo opportunity. The night before any WalMart Grand Opening, there is a team - building event to welcome the team members. The next moming, the store would open. The date of the team - building event was Wednesday, October 26, at 5:30 or 6:00 p.m., and the standard Grand Opening was on Thursday, October 27th at 7:30 a.m. She hoped to include the City Commission /Community Redevelopment Agency Board at the team - building event so they could meet the new staff. VII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting September 13, 2011 B. Approval of Period Ended September 30, 2011 Financial Report C. Monthly Purchases Orders D. Consideration of Approval of Extension of Time for Commercial Facade Grant to Rainbow Colors, Inc. d /b /a RCI Painting & Waterproofing E. Consideration of Approval of HR Manual — Definition Revision This item was pulled by Chair Rodriguez. VIII. Pulled Consent Agenda Items: E. Consideration of Approval of HR Manual — Definition Revision Chair Rodriguez inquired if the manual would pertain to hourly employees. Susan Hams, Finance Director, responded there are two hourly employees, but the manual would pertain to both hourly and salaried employees. Ms. Brooks explained the CRA had considered cutting hours to 36 hours. They had conferred with the City's HR Director and in order to preserve ones benefits, 36 hours was considered full time. It was a minor revision. Chair Rodriguez suggested making the manual specific to hourly and exempt employees. After brief discussion, there was agreement Ms. Harris would confirm with the City HR Director that the document was consistent with the City manual Motion Mr. Holzman moved to table the item. Mr Karageorge seconded the motion that unanimously passed. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL October 11, 2011 IX. Information Only: A. CRA Policing Activity Reports B. Public Comment Log C. Request to Palm Beach County to Demolish Dive Shop Building Per Easement X. Public Comments: (Note: comments are limited to 3 minutes in duration) Willie Aiken, 726 NE 1st Street, President of the Heart of Boynton, was present to represent the community regarding the Heritage Celebration. He requested the Agency's support, and he was aware there was a surplus of funds but no funds designated for the event. Mr. Aiken expressed there were five churches and three schools involved in the event. Thousands of individuals were now aware of the event, which draws individuals all the way from Miami to Palm Beach County. They obtained supporters who come to Boynton Beach because of the Celebration. He noted the event was never put on the agenda. He commented with all the ongoing events, the Heritage Celebration was never considered a primary or secondary event. He asked the Board to help the community bring the event back to Boynton Beach. Sondra Franklin Herbert, 7110 Brunswick Circle, commented regarding the proposed Ocean Breeze project. She applauded the Agency's efforts to provide affordable housing in Boynton Beach; however, she had concerns and questions about the Land Trust as the persons purchasing the homes would only own the home and not the land. She stated the arrangement negates benefits of homeownership. She had several questions and she urged the Community Redevelopment Agency to reconsider the proposal. She suggested connecting with the community and proactively seek its feedback. There are a number of organizations to provide feedback who understand and consider the wants and needs of the community. Sarah Williams, 1331 SW 27th Avenue, Director of the Boynton Beach Community Forum, stated Boynton Beach was known for having a pleasing livability and special charm. She applauded the Agency's redevelopment efforts, but whatever was done would have a serious impact, economically and socially. She stated Habitat for Humanity should not be permitted to build massive amounts of homes in less integrated areas as it destroys the land value and causes problems. The homes constructed by the Boynton Beach Faith Based Community Development Corporation on Seacrest with the metal roofs should be continued to maintain the quality and character. Habitat should also not be permitted to build on a main artery, on the Gateway to the Gulfstream. Additionally, she requested the police station not be located on Seacrest Boulevard. She implored the Board to consider the community's prosperity and posterity. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL October 11, 2011 Doris Jackson, 531 NW 10th Avenue, spoke about the Ocean Breeze project. She opined it was not good if the individual did not own the land. Homeownership means owning the home and land. She inquired if the property on Ocean Breeze is a Land Trust. Chair Rodriguez commented they would get back to her and answer her questions. She also indicated the community does not want the Police Department on Seacrest Boulevard. It would detract from the community and it should stay with City Hall Libby Stroud, 132 NE 13th Avenue, thanked the Board for the ongoing redevelopment projects. They were happy about their efforts; however, the Heart of Boynton (HOB) Neighborhood Association met and had concerns. They inquired why two -way streets were being converted to one -way streets. The residents would like to be homeowners and landowners. Even with the recession, they still would like to have the Heritage Celebration, and with the restorations occurring within the City, the community would like the Board to restore their trust in the HOB, restore funds to the HOB, and restore the communication and projects on MLK. Victor Norfus, 261 N. Palm Drive, inquired about the Land Trust and about its purpose. He commented housing quality has improved but there were homes on 12th that did not look anything like the new homes constructed He noted there was a newspaper article indicating the CRA had a surplus of funds and was looking for projects to fund. He suggested the Heritage Celebration was one of the community events that should be funded as it provided community outreach and good will. The Community Redevelopment Agency was supposed to support local community activity. In prior years, the event was held during Black History month but it was still a Black African Celebration. The cost of the event was about $10,000 and the community was trying to enlist local vendors. Each year when individuals come to the City, especially African Americans, they talk about the Celebration. He noted an event on Ocean Avenue cost the Agency $100,000. They were seeking only one tenth of the money, and they were doing all the work. He requested the Agency's support of the activity and community. He noted there was no communication from the Community Redevelopment Agency to the community about the Land Trust, nor did staff ask the community's opinion. At one time the Community Redevelopment Agency spoke about forming a community committee, which has not occurred. Regina Tyson, 116 NE 13th Avenue, had her home built by the CDC, and she owns the house and the land. She was opposed to the Police Department coming to the neighborhood. She commented her son was falsely arrested by the Boynton Beach Police Department, and her home was searched without a warrant. The Department should have better communication and they are nasty. When one tries to get information from the Department, residents are told the police can do whatever they want to do It would be wrong to put the Police in the neighborhood because they do not have a lot of trust with the community. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL October 11, 2011 Sonny Garcia, 1631 NW 3rd Lane, commented about the Ocean Breeze project. He stated when the City assists homeowners with rehabilitations, they lien the home. He requested the Board reconsider the Land Trust. If the homes were sold with the property, the City would receive more tax dollars. The money for the Ocean Breeze project should be borrowed from the bank to construct the homes and the Agency should put a lien on the property, but sell the property to the person. He noted staff sends out flyers for their events, but not what was occurring in the neighborhood. He expressed City Hall and the Police Department should stay in the same area. There were substations that were being closed, and they should not be separate from one another. He referenced the City Commission should have kept the PALs program going because now the youth are on the street. Dr. Martha Meeks Light, 225 NW 6th Avenue, agreed with the concerns voiced by Sarah Williams regarding the Ocean Breeze Land Trust. She appreciated things the Board has accomplished in the area, but communication was missing. The Board had previously stated they would get in contact with someone from the area and discuss the project. She stated the project was fast minute because they did not know any of the details. She was present when the Board discussed Habitat for Humanity and she appreciated they involved the CDC because the CDC homes are nice. if the Habitat for Humanity homes were in the area, the homes should be the same as the CDC homes. She pointed out a meeting with a group is better and that was why the lack of understanding about the Land Trust and Ocean Breeze was being addressed. Melinda Collins, 514 NW 3rd Street, shared the concerns raised by the prior speakers about the roads. Traffic gets blocked because of the dividers and the buses cannot turn onto Seacrest. There were more people and more homes, but the streets were substandard While the streets were beautiful, they were not user friendly. She noted there are dividers in the median on Seacrest going north, and she questioned why they do not continue heading south. Chair Rodriguez closed the public comment and stated the Executive Director would provide the Board with notes why the project was proceeding in its current manner. Additionally, at the last meeting the City Commission decided to focus on keeping City Hall and the Police Station at its present site. The Seacrest location was off the table. Vice Chair Orlove spoke about communication with the community and pointed out the City Commissioners and Community Redevelopment Agency Board members have telephone numbers that are public information and if contacted, he would make arrangements to speak with the caller. The agendas and meetings are public. When the community asks for meetings in the public for items such as what was brought up, the meetings are the forum to hear them. The Ocean Breeze West project was discussed for the last four months. While not putting the onus on the public, the information is available. If there are concems, they would be addressed. In terms of communication, only one member can attend a HOB meeting and address the 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL October 11, 2011 members. He was more than happy to take emails and phone calls and address them with staff. Ms. Brooks addressed all calls. When invited to meetings, she has attended them Chair Rodriguez also commented the public can contact their Commissioners, Mr. Karageorge commented he has attended HOB meetings and taken calls from HOB members. He supported Heritage Fest financially and by physically attending the event. He gets upset when he hears they do not communicate. He pointed out both he and Mr. Hay had attended a HOB meeting a few months ago. If there were issues about the Community Redevelopment Agency, residents should call him. If it is a City matter, residents should contact their City Commissioner or City Manager. He was always available to the public and he took offense to the community's claim. Mr. Hay echoed Mr. Karageorge's comments and added when the concept of Habitat for Humanity homes in a concentrated area arose, he pushed for the CDC being involved. There were misconceptions about what he stated. Since then, he insisted the Habitat for Humanity homes be the same size, and be compatible with the CDC homes so they would be acceptable to the community. The homes would be between 1,200 and 1,800 square feet. The homes would not be as bad as what the community was envisioning them to be, but he did have a concern about the Land Trust. Ms. Brooks explained the design of the homes must be approved by the Board. The Land Trust was appealing to the Board due to the control over the maintenance since there was concern raised by the community about maintaining the property. If someone was not being a good homeowner, the Land Trust would maintain it. The community was also concerned about the properties being rented, which the Land Trust prevents. There is a large Land Trust in Delray Beach and in West Palm Beach. The concept exists in Palm Beach County and the homes sell because there is a need. Nobody would be able to distinguish it was a Land Trust and the owner did not own the land. The concept had been used across the country for the last 50 years. Habitat for Humanity appeared before the Board to explain how it would work. There were no other areas in Boynton Beach that used the concept. XI. Old Business: C. Renegotiate the Terms /Fees with the Palm Beach County Commission on Ethics Mr. Karageorge explained if the Board participated in the Palm Beach County Commission on Ethics, the Board would have to pay for it while they are held to the State guidelines, and there are no charges for the State service. He felt in this economic climate, the Board should not negotiate with the County and all ethical questions should be turned over to the State, thereby not incurring any cost. He felt the funds could be used for redevelopment and that was the action the Board should take. 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL October 11, 2011 Vice Chair Orlove inquired if the Board was bound by the County's Code on Ethics. Attorney Cherof responded the enacting Ordinance was adopted by referendum and it did not extend the County's jurisdiction to special districts, such as the Community Redevelopment area. In order to avail itself to the jurisdiction, the Board would have to enter into an interiocal agreement with the County. He noted the Lake Worth Community Redevelopment Agency just did so and to his knowledge was the only Community Redevelopment Agency in the County to enlist the County's services. Vice Chair Orlove agreed it did not make sense to spend money on something if it could be addressed on the State level. Chair Rodriguez pointed out the Board discussed the item, but stopped the discussion due to the cost. There was now a model for the Community Redevelopment Agency to follow on a per case basis as opposed to an hourly rate. The rate for the Lake Worth agreement contained two options. One was for an hourly rate as follows: Director $89, Attorney $40, Investigator $45, and Administrative $40. On a per incident basis on a complaint made and brought to final hearing and settlement, the cost would be $2,050 which encompassed $300 to review the complaint, $1,000 to investigate, and $750 for settlement or final hearing. The Board would have no control over frivolous complaints, and it would cost the Agency money. Vice Chair Orlove suggested this item be put on the agenda for the next meeting. Attorney Cherof would bring back information about the Interlocal Agreement between Lake Worth and the County Ethics Commission listing the pro's and con's, so the members could consider them prior to the meeting. It would solidify the alternatives to the Board. A question was posed if the County Commission on Ethics were involved in a complaint, if it could be appealed to the State. Attorney Cherof responded it would not be an appeal to the State. It was a unilateral option to go to the State. Motion Mr. Holzman moved to table the item. Mr. Hay seconded the motion for discussion. It was mentioned there was no discussion on a motion to table. Mr. Hay withdrew his second and requested Attorney Cherof include in his report if there was a difference in response times between the County and State. Mr. Buchanan also requested including information about entering into an agreement on a case -by -case basis or if the Board could select which cases would be heard by the County in the report. Motion Mr. Holzman moved to table. Vice Chair Orlove seconded the motion to table and bring back all the concerns, questions, and options the Board had on the issue. The motion unanimously passed. 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL October 11, 2011 A. Jones Cottage Restaurant Proposals i Review of Proposals Received ii. Presentations by Respondents Ms. Brooks explained an RFQ/RFP was issued on August 18th and two proposals were received. She noted neither respondent included 100% of the requested information. A side -by -side comparison was distributed to the Board. She pointed out both respondents were experienced business operators who were currently operating. The businesses were not start up businesses. Chrissy Benoit, stated her company, Adventurous Palate Food Company, owns Havana Hideout in Lake Worth, which was a small, fun, restaurant and bar. Adventurous Palate Food Company also owns a production kitchen concept, which is in its second year of development, to assist small businesses to start up and grow in the food industry. The idea with the Ruth Jones Cottage was to build a rustic, Florida -style cafe to enjoy the outdoors, acoustic music, boutique beer, and eclectic, small -plate dishes using local produce and foods. She thought with Havana Hideaway having a sustained following and because it was only five miles away, the business would have a solid following. The average guest frequents the restaurant three times per week and stays for 1.5 to 2 hours. They are very connected with local musicians and they have an open microphone every Tuesday night. She wanted to use those activities and incorporate them into the new location. Havana Hideaway was just over five years old, and Ms. Benoit wanted to create a concept that would draw people to the area. Her restaurant was unique and different. Havana Hideout had a reasonable menu, and they make everything from scratch. She wanted to maintain the Florida feel, small plates, beers, and relaxing good times Ms. Brooks explained the Agency was looking for an operator with operating capital to ensure success and to help offset the interior build -out equipment. Ms. Benoit stated she did a 12 -month sales forecast analysis, and she anticipated she would break even at the end of the first year. It was noted there appeared to be a discrepancy in some of the documentation not included in the agenda backup. She stated she was comfortable with her customer base. She had also done a profit and Toss projection. Ms. Benoit used a conservative approach with her customer base and she explained her methodology. Ms. Benoit had proof of $200,000 in start -up funding. Her banker from Mercantile Bank was present. She was under the assumption it was a matching grant. She had $100,000 in a capital line of credit and a Letter of Intent. The figures for start -up costs to match the $100,000 were being distributed to the Board. If she received the keys to the building, she anticipated she needed 90 days before the business would be operational. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL October 11, 2011 The sketch of the cafes was reviewed, which included how the brewery would be laid out. The new layout was compatible with the building. She had included figures for breakfast in her projections. The Community Redevelopment Agency was looking for someone to come to the table with $200,000, but staff had received inquiries if they could do their own build -out. The respondents indicated it would be less expensive for them to do the build out because staff was using brand new equipment. Staff anticipated the build -out would cost $254,000. Most small business owners thought the amount was very high. Mr. Holzman inquired if the brewery aspect would be a deal breaker if it was not available because of zoning. Ms. Benoit responded it was not, but it would reduce some of the start -up costs. Mr. Holzman disclosed he frequents her restaurant and enjoys the de3cor, but he did not discuss the RFP opportunity with her. Chair Rodriguez inquired what the cost would be if Ms. Benoit handled the interior build - out. If she did not purchase the brewery equipment, there would be sound and security equipment needed. She anticipated spending $60,000. Ms. Brooks commented the cooler, HVAC, restrooms and hood would not be included, but the covered patio, and grease trap would be provided. Ms. Benoit adjusted her figures and thought she could build the interior for $85,000, or under $100,000. The big - ticket item was a $20,000 cooler. Ms. Benoit had a contractor for HVAC, who also works on hood systems. Staff or Ms. Benoit could pull the permits. If Kaufman Lynn, the Construction Manager at Risk was used, 15% would be added to the cost. Mike Simon, Development Director, stated the parking lot will be completed next week and the landscaping was in. They did not submit the drawing for the interior build out. It was anticipated the building was 20 days from being ready to have the interior work started. Vice Chair Orlove was concemed about the micro- brewery, and did not see how it could be housed. He thought the Magnuson House might be a more suitable location. Ms. Benoit commented the micro - brewery was small, about the size of two barbeques. Havana Hideout also features one of the best selections of American craft beers. They sell many great boutique beers. Ms. Benoit had considered the Magnuson House but felt the Ruth Jones cottage was a better fit. If needed, she could use her production kitchen. She had the opportunity to offer dynamic menus. Mr. Karageorge disclosed he had eaten at Havana Hideaway and it was an enjoyable, eclectic experience with no two visits alike. Ms. Benoit confirmed she could do the interior for under $150,000 and she would provide lunch and dinner, but breakfast only on the weekend in a brunch style. Bruce Zipes, President of Bruce's Bakery and Restaurant in Great Neck, New York stated the eatery was a home - style, upscale, diner -type establishment offering comfort food. They serve breakfast, lunch and dinner. They offer mini - rolls, mini - danish, and mini - muffins on the table and staff encourages patrons to take them home in the goody 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL October 11, 2011 i bag they provide. In this space, they could have a small assortment of sweets while waiting for their meal to be provided. They feature meatloaf, macaroni and cheese, chicken pot pies and more. Mr. Zipes anticipated he would have a positive cash flow after 24 months as it would take that long to establish his client base. His investment in the restaurant was to carry it. His mother was the owner; however, he runs the restaurant. They would invest $100,000 to carry the business, not to build or equip the business His breakeven point would be about $15,000 per week and it would take at least two years to eam up to $22,000 per week. He anticipated free rent for two years and would then pay $5 per square foot for years two to five. His carrying costs would be the overhead with insurance, accounts, attorneys, and utilities. There was discussion about the available funds they had. Ms Harris stated personal information was provided on the owner and there was in excess of $500,000; however, only $100,000 would be allotted to carry the business during the two years. This restaurant would be similar to the one in New York, which was 100 seats and about 30 feet of bakery cases. They manufacture the baked goods and sell them in the bakery, which was connected to the restaurant. It could not be done at this location, but it could be a small version of the New York restaurant. Sandwiches would be pastrami, brisket, and other deli items that could be found but were not the same quality as exists in New York. Mr. Zipes envisioned his clientele would be family business and young business. They offer something for everyone. The business in New York was climate controlled, but at this location, there would be seating outside. Mr. Zipes envisioned the outdoor area to have an awning and a heating device. Inside, there would be stools and a countertop. After lunch the countertop would be turned into a bar offering specialty wines and beers from across the country. They would also offer a tapas menu after dinner. Discussion followed if his projections did not materialize in the first year, if he could survive. It was noted it was crucial the business survive as it was an integral part of the downtown. Discussion turned to the demographics supporting the business. Mr. Zipes did not have any businesses in Florida. As to market research, he noted there was no walking traffic at that location. Mr. Zipes commented he believes he can build the business in two years, and his draw would be from Boca Raton, Delray Beach and West Palm. He believed individuals would travel for the business but market research had not been conducted. There was a large Jewish community and his diner appeals to the Jewish population. Vice Chair Orlove stated Palm Beach County has the fourth largest Jewish community in the country. He thought the concept brings something to the community and he believed patrons would drive and come out of their way to frequent the diner. Mr. Zipes explained most of his customers from Great Neck were in Florida for the winter. The equipment space would be worked out and there was space for a convection oven 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL October 11, 2011 Most baking could be done on site along with the meals. He would offer catering, which could be done on site. Mr. Zipes first store in Great Neck was 1,400 square feet and was at the location about 30 years. The eatery had 16 feet of showcase and a 55 -seat restaurant. Every inch was calculated, as space is expensive, especially in New York. Mr. Karageorge expressed concern. The Boynton Beach version of the restaurant would offer less than one -third of his dishes. Mr. Zipes' gross sales in the New York store were about $2 million annually. Chair Rodriguez inquired if he was not selected for the Ruth Jones Cottage, would be interested in the Magnuson House as it was bigger. Since Mr. Zipes was not counting on foot traffic, it may be more suitable to have a larger location. There was discussion there is a large Jewish contingency in the County and there are niche stores on the west side of the town that supports that market. He would be competing against them. He commented the restaurant industry was very competitive. Mr. Hay inquired about catering. Mr. Zipes commented catering cannot be relied on as it comes and goes. In New York they do about $150,000 to $200,000 in catering. It was noted Ms. Benoit's gross sales at Havana Hideout were about $700,000 this year. Each year they grow, but this year they had eight weeks of rain, so last year was slightly better. She anticipated she could do about half that in one year. She did not see why the business could not meet the same numbers as she had with Havana. iii. Selection of Respondent to Begin Negotiation Process After brief discussion about concepts, locations and investments, the members were polled and the majority supported the Adventurous Palate business. There was also agreement staff should work with Mr. Zipes to find a location for him. Motion Mr. Holzman moved to enter into a contract with the tenant. Mr. Buchanan seconded the motion. Ms. Brooks commented the Oscar Magnuson house would take more of an investment and the more they save, the more funds they have for the next project. Mr. Karageorge requested confirmation a draft contract would come back to the Board. As to another location for Mr.Zipes, Margey's Restaurant was now available and Las Ventanas also had space for a deli. The Community Redevelopment Agency has interior build -out and rent-subsidy grants available, which could be stacked. Margey's Restaurant could receive rent subsidy for a year, but there were issues with the parking. Mr. Hay requested confirmation the motion was to move ahead with negotiations and bring a contract back to the Board for review and approval. 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL October 11, 2011 Vote There was a vote on the motion which passed unanimously. B. Renegotiate the Terms /Fees with the Palm Beach County Commission on Ethics This item was discussed earlier in the meeting. XII. New Business: A. Consideration of Budget Amendment to Increase TIF by $220,000 to $5,730,000 and Increase DIFA Payment to The Promenade by $40,000 to $432,224. Ms. Brooks explained when staff drafted the budget, the millage was not set and they budgeted at the current millage rate for the City and County. If the millage changed, staff would have to come back to the Board. The increase was $220,000 gross. Staff would have to allocate additional monies for the Direct Incentive Funding Agreement between the Community Redevelopment Agency and the Promenade of about $40,000. As the millage increased, so did the DIFA payment. The net was $180,000, The Board held discussions about how to concentrate funds to achieve the most significant impact as funding revenues continue to decline. Ms. Brooks had ideas for the downtown core, which was the area of Ocean Avenue from 6th Avenue North to 6th Avenue South. Ms. Brooks stated there is an RFP /RFQ for the Old High School; however, refurbishing it was difficult due to the cost. The current RFP /RFQ differed from past RFPs /RFQs as the City's consultant recommended giving the building away, or long -term lease it for next to nothing so the acquiring party would get a benefit for the investment. Ms. Brooks suggested using the funds as an incentive for someone to come forward. The structure would have a significant impact on Ocean Avenue and help the downtown Chair Rodriguez agreed. Development of the Old High School was a huge undertaking and developers would have to bring money to the table. He expressed the Agency has an obligation to support the redevelopment. Mr. Holzman agreed and stated if a respondent comes back and the City Commission decides not to move forward with the proposal, the monies will retum to the Board to be used as another avenue to revitalize the downtown. The funds are being used as a placeholder. Vice Chair Orlove agreed on the need to focus on the downtown but pointed out there were other items the Community Redevelopment Agency were focusing on. He suggested waiting to see what occurred with the RFP as they did not need to make the 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL October 11, 2011 decision right now, and he noted there may be other incentives available to the developer. He suggested tabling the item and providing Ms. Brooks with ideas of what the members would like to see occur. Chair Rodriguez felt there should be some monies available to assist prospective developers. Vice Chair Orlove suggested at least $100,000 be used for the incentive. Ms. Brooks commented if the developer was a taxable entity, a DIFA was an option. Mr. Buchanan agreed and felt some monies should be set aside for other items. He pointed out there were five gateways to Boynton Beach and the north entrance on Federal Highway from the north was bad. He suggested using funds to help clean up a canal and camouflaging the Amerigas business. He thought $150,000 for the high school and $30,000 for other projects may be appropriate, Mr. Hay agreed with Mr. Buchanan on the need to focus on the Old High School, and to use some of funds for other projects. He liked setting aside the $150,000 and he commented the OId High School should be the priority. Mr. Karageorge inquired if the DIFA for Cornerstone would be increased. Ms. Brooks responded the developer did not construct any new units. Accordingly, it would not be on the tax roles until next year. He also liked setting aside the $150,000 for the Old High School and if the monies were not used within one year, the monies roll over to a dedicated account for the Old High School the next year. There was consensus to set aside $150,000 for the OId High School. Vice Chair Orlove suggested matching funds for the Heritage Celebration and if the Kinetic Art Symposium, planned by the Arts Commission, was held in the Community Redevelopment Agency District, he would like to see funds used to support that event as it would be a good draw for the community. He had also discussed having functional art benches along Federal Highway. Motion Mr. Holzman moved to set aside $150,000 for the OId High School RFQ and the Board members provide options to staff for the remaining $30,000. Mr. Buchanan seconded the motion that passed 5- 1 Vice Chair Orlove dissenting). B. Consideration of Purchasing Art Pieces for Marina Entry Area Ms. Brooks explained the Agency was going to use rotating art to support the Avenue of the Art's program at the Marina. Under the Avenue of the Arts program, artists transport and display their artwork on the Avenue for free. The idea was to market the art so someone might purchase it. There are two pads in the Marina entry area and Ms. Brooks thought it would be better to purchase art. She had looked at the Dragonfly and 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL October 11, 2011 the Lace Bass and they were compatible with the area, and more in -line with their budget. The Avenue of the Arts was on Ocean Avenue. The artwork on MLK and Seacrest was purchased through the Neighborhood Stabilization Program Federal Recovery monies Ms. Brooks had discussed the artwork with Ms. Coles - Dobay, Public Art Administrator, and the Public Art Ordinance requires a percentage of the project cost to be used for public art. The Arts Commission selects the art to go along the Avenue. Chair Rodriguez noted the Marina was not the Avenue of the Arts. Vice Chair Orlove commented there was art in the City lobby that would be more appropriate with the Marina theme than a Dragonfly and a guitar. He wanted to ask the Arts Commission for their input, and inquired why they were not considering the manatee. Ms. Brooks explained part of it was cost. Under the Ordinance, they must spend up to 1% for art. The turtle and manatee were quite a bit more. Vice Chair Orlove raised the issue because plop art was often placed at locations even though it did not fit in with the surroundings. He viewed the two pieces as plop art. He requested more of a process. Messrs. Holzman and Buchanan also agreed there should be more of a process. Mr. Buchanan felt the dragonfly might be appropriate but not necessarily the guitar, while Chair Rodriguez felt the guitar might be appropriate, as there is music at the Marina. Barbara Ready, Chair of the Arts Commission, clarified the Avenue of the Arts program is a year -long, on -loan program, but each artist is given a $1,000 stipend to transport and remove the art. The two pieces under discussion were displayed on the Avenue last year. There is a process for determining art at site- specific locations. The Arts Commission has a Visioning Plan and art is selected based on the site. Whether the pieces would reflect the Marina was unknown. The purpose of the program was to help artists sell their art. Her understanding was the concrete pads were installed at the Marina to become part of the rotating art program, but the pads were not large or sturdy enough for the rotating art. The pads were only 2' x 2' Motion Vice Chair Orlove moved this item go back to the Arts Commission for their review and discussion and for them to forward to the Community Redevelopment Agency a recommendation. Additionally, since the Community Redevelopment Agency purchased the art, they could also give them alternate locations in the Community Redevelopment Agency area or City that might be a better match Ms. Brooks clarified the Marina entry is subject to the Public Art Ordinance so the Community Redevelopment Agency has to either pay the fee or install the art. The dollar amount to spend was $2,900 and they have two pads. The total project cost was 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL October 11, 2011 $295,000 and the required fee was 70% of 1% of the project cost. The Community Redevelopment Agency was spending about $4,000. Chair Rodriguez requested a motion to allow the Arts Commission to review and make recommendations to the Board on the art at the Marina. The budget for the two pieces would not exceed $4,200. Mr. Buchanan seconded the motion. Ms. Brooks commented the Arts Commission does not select the art. The developer presents the art he wants and as long as the art was from a public artist, it met the criteria. She explained the WalMart art was reviewed by the Arts Commission. Ms. Ready explained Ms. Brooks was correct, but this was a City project and the Community Redevelopment Agency was the developer. Mr. Buchanan felt it would be ideal if the Arts Commission's suggestions were forwarded to the Board regardless of the cost and then the Board would rank and select what they could afford. There were surplus funds that could be used. C. Consideration of Contribution to Galaxy Elementary School Project This item was added by Mr. Karageorge. The School Board has a 501(cX3) organization and they were seeking the platinum Leed Certification for the new Galaxy School. They are looking for donations and just received a large pledge from Quantum for a match. Ms. Brooks explained she did not support the request because last year the Board decided they were not going to make charitable donations. The City has strongly supported Galaxy Elementary School by keeping the School in the City when the School Board wanted to dose it down. The City also swapped lands with the School Board so the new school could be built. The Community Redevelopment Agency even painted the school and was always supportive, but the Board made a statement they do not want to donate to 501(c)(3) organizations. She did not see a nexus and donating would open a Pandora's box. There was diminishing revenue, but the school was moving forward and was being constructed. Chair Rodrigeuz expressed in the future, he would be supportive of funding startup or activities in the school after the school was built, and he agreed the Board must concentrate on removing blight and slum. He noted other schools were forming 501(c)3 corporations. Vice Chair Orlove, commented as Board members, they could support the school in their own way. 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL October 11, 2011 Motion Vice Chair Orlove moved to deny CRA funding for the Galaxy Elementary School project as sponsorship. Mr. Hay seconded the motion that passed 4 -1 (Mr. Karageorge dissenting). XIII. Executive Director's Report A. Project Status Update Ms. Brooks commented the move to the new office was working well. They were still putting furniture together. She wanted to improve the Amerigas site and had written letters to their main headquarters but received no response. It was thought it could be painted. The car rental business on the north side was also contacted but there was no response. Ms. Brooks summarized staff would work with Ms. Benoit for a draft lease agreement for the Ruth Jones Cottage and would bring back a term sheet. Ms. Brooks requested to speak to the Board members individually. Ms. Benoit was amenable to what was discussed, and staff would also work with Mr. Zipes to find a location for him. There was agreement Ms. Brooks would bring back an RFP for the Oscar Magnuson House. Mr. Karageorge learned former Commissioner and Community Redevelopment Agency Board member Mack McCray's brother passed. He announced funeral services would be held on Saturday at 3:00 p.m. at St. John Missionary Baptist Church. XIV. Future Agenda Items: A. Consideration of Options for VIP Area at Public Events (Tabled 4/12/11) XIV. Adjournment There being no further business to discuss, the meeting was adjoumed at 9:28 p.m Lul Catherine Cherry Recording Secretary 101211 18 BOYNTON =BEACH i k.... RA CRA BOARD MEETING OF: November S, 2011 X I Consent Agenda I I Old Business I New Business I I Public Hearing I I Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending October 31, 2011. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve October financials. L A Susan Harris Finance Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board Meetings \November 2011 \Financial Report doc C9 0000 S M In 00040 r-I 01 40000000 0 II 0 E. 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H U)1 H W E. a Z k] J+ ( W A ac t Al a w 0 O � z j ?C H F 0 V) H /� fry N W RC,...,.., H H e} D H H 0 V) P EA a W 0 0 0 O C4 W ,--I O O E x d' a V 1 IS 0 .1 W !a 0 FZ 430000 0 .'( Q E - l E4U)tfl 111 lfl O 0 (") I H 1S H I I I I H H 1 W N N N N O N W 0 0 0 0 .i O 0 ■ N N W W H 000000 0 O (9Z 000000 0 H 0 0 0 0 0 0 d° I,l rl rl rl .-1 H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O W PG W 00•41•0041. • sr U O NOON N o N O O N o V00.0 a 01 01 N N N N "•+F 0 0 0 0 0 0 O A o 0 0 0 o o O O 0 0 0 0 0 0 O 0 g 0 F U z W 0 0 0 0 0 0 0 Q F El 0 0 0 0 0 0 E4 Q U 0 0 0 0 0 0 0 H I O N Uar~ O to 000000 0 M W W r1 0 0 0 0 0 0 0 0 10 a E 0 0 0 0 0 0 0 CO ZH ' E H o X C3 2 0 PO O ooa OOa a W 0 NOON N 0 W 0 n O O N N 0 0 a o 0 v . 8 01 01 N N N N U1 .-1 O m zi U' 6a H 0 z Q O W [[f 0 ) ) to O U W U 1 0 0 q F 0 F H W H o002Z z H y F A qq z zz p W U WOp O W Q 41 8 W ii E 1-1 a Cl) Q O Nth a ul H 2 •-1 0 A E P I I I I 1 a W OU W o o O o o N o. .� 0 0 0 0 0 K H u 0 In Ln in 0 rn 1 E. 0 o 0 O 0 0 0 0 0 0 0 N N N E Z 0 0 0 0 Cv W H OC7 Z 000 0 H O O 0 co d. H H H 0 0 0 1 0 ( 0 0 0 0 O w 0 0 O 0 W U v v V. 0 0 0 m co m 0 N in In Z N N N 0 0 0 0 ( q o 0 0 0 O4 W O 0 O 0 H z C w 0 0 0 0 W 0 0 0 0 0 Q w 0 0 0 0 H I ut ut n H O 4 H F 0 N F 0 c o00 0 a H 0 0 0 0 m [o ca U PG >+ >I o 0 0 0 Z u) 41 F H ul al to � j i E+O Z E O E H H O 4 p .. � 000 0 w rn Cr) rn DI H Cr) rn qi ,c4 0 N N r- i..� ul ul ul N N N I 0U)I O H H H W 0 H 0 GI N cn ca CO w m 0 q H p p,' H F Z I % UI H H H ( W � x HH co 7. pC W 0 W D w pp,� H H V U U o a X E W W q H o m p Z W , %oao p H O H V 2 H pc I I a H W Z w o o m h 0 H I I H H I 0 W p � N N O N g W rt O o H 0 w 0 U d N W WW H 0) I O aW �7 ggH q ! O 1 (p N I u) I W V 0 1 b -I N - 0 1 'V. Z o1 g "' 1 W o 11 0 r7 P O 11 0 E pp+ z w a Ii � X07 H r G in • H A U a0, II e H I a I N 0 I v g 4 H I 0 IN 11 0 Ei W CO n I CO I N X EA !� m • I W f/) W� x H ‘r I N O 7. N 11 d' El 0 H II 6 H O 4 11 z 11 P4 .. C W 0 M 11 0 W H 1 P B °1 m ! P I co 1 2 2 m a 1 w F H CO a M 11 co co C=1 P 0 O O 1 w 0 �7 q H { O co O U z .•_, 0 0 O H w O o Ma z P co .i w 0 w w CO I W � P a x E' M 0 N 14 11 0 0 w , , , ...v. BOYNTON 4 BEACH i CRA CRA BOARD MEETING OF: November 8, 2011 X I Consent Agenda 1 1 Old Business 1 i New Business f 1 Public Hearing 1 1 Other SUBJECT: Purchase Orders SUMMARY: Attached is the purchase order report for October 2011. FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDATIONS: Approve the purchase order report. u Susan Harris, Finance Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \November 20111 Purchases Less Than $25,000 doc - , Boynton Beach CRA Purchase Order Report Month: October 2011 r Vendor r Amount Funding Source I -t- Description 1 , F , 2011 2012 Marina Entryway Feature Landscaping Exterior I Pruning Landscape Maintenance = $9 684 Large palm 0 pe Valley Crest Landscaping $ 11,714 General Fund 01-51620-209 T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board Meetings\November 20111Monthly Purchase Order Report - Oct 2011 BOYNTO BEACH cA CRA BOARD MEETING OF: November 8, 2011 X Consent Agenda Old Business New Business Public Hearing ( Other SUBJECT: Consideration of Business Signage Grant to SML Enterprises, LLC d/b /a DIY Frozen Yogurt for signage on the property located 524 Woolbright Road (Sunshine Square), Boynton Beach, FL. SUMMARY: The Business Signage Improvement Grant reimburses 50% of the applicant's expenditures for eligible signage improvements up to a total of $1,500.00. Any unused grant funds will be released back into the program. FISCAL IMPACT: A maximum of $1,500.00 from project fund line item: 02 -58400 -444 CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Federal Highway Plan and Downtown Masterplan RECOMMENDATIONS: Approve the Business Signage Improvement Grant for a maximum of $1,500.00 to SML Enterprises, LLC d/b /a DIY Frozen Yogurt for signage on the property located at 524 Woolbright Rd. (Sunshine Square), Boynton Beach, FL t i Naar Theresa Utterback Administrative Services Manager ( . 4 / -4A.'"? 711/77 /J r-r/e//2, ,4 k5//-pe c/w 6 Kelp/6w 1- 4, / 4ye / 2 r fer (206,7' 77d 7 _doce_ / 7)es-1/,-11 / S24/ /57 ra / 4e ..1 e.` r e a 7 a e6oe1i,.5e /7/ ofe/7/12, ,s rew/7 / 7.o/ /V h V e 7 Ve GI/ e e / .c:)e•/-? /v ,/ 6- a / .91i el6 /0" 7 4e o 4 ve /e te C 7 f-7 0 /f v e pr,& #4- si • / /7/ / / ' -7/ 1 140 1 4 / A 7 S Siva re 7 4e7 4 -74 //7 r o c .57 4 7 7 1-t/14' CPU cA's / s, /r5 ,6a 7f 7 y ‘ 7 .4 At67 eith.5 /- a//' 7 -,7 / /d e ar 7 4 , fS / e M Aete fe- pre‘.- 47 k / : N tilk % / iramBEACH 2011 -2012 Boynton Beach Community Redevelopment Agency Business Signage Improvement Grant Program Guidelines & Agreement I. Program Regulations 1. The Applicant agrees not to alter, renovate, or demolish the new sign for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment. 2. The property owner, or tenant if applicable, must complete the signage improvement project and submit for reimbursement within 90 days of the grant award. Failure to complete the project in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. 3. Maximum Grant amount: The CRA will provide, a 50% matching grant for eligible signage improvements up to a grant total of one thousand five hundred dollars ($1,500) of CRA funds. II. Reimbursement Regulations 1. This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request. 2. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of; (1) Project accounting including invoices, receipts or other acceptable evidence of payment the licensed contractor(s) that have been marked "paid" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check; or credit card receipt (2) the Applicant shall warrant that all bills related to the Project are paid Initials Page 1 of 8 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561 - 737 -3258 ■'1VvV ljo'rit tt7LachCfa :CJr11 ;n fuli including, but not limited to, ail contractors, subcontractors Saba materials, related fees and permits, and (3) the Application for re- imbursement shall provide a minimum of four 3 "x5" color "during" photos and a minimum o' four 3 "x5" color "after" photos of the Project Photos shoulo De frOrr, approximately the same position as the "before' photos submitted I n Applicator, 3 Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed and paid for after the Grant Application has been approved by the CRA Boarc 4 Grantees may not submit signage improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida The Business Signage Improvement Grant program will only honor new expenditures that have not been submitted under other grant programs. The Business Signage Improvement program may only be used one time in any three year period for any one business entity or applicant. Property Owner(s) or Tenant (if applicable) may re -apply for additional grants any time after three (3) years from previous grant approval 5 Grantees shall grant the CRA and /or the City of Boynton Beach the rights and use of photos and project application materials in promoting the program SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. Initials" . -- Page 2 of 8 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561 -737 -3258 BO1NTO1V l..�iBEACH CRA 2011 -2012 Boynton Beach Community Redevelopment Agency BUSINESS SIGNAGE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Maximum Grant Amount is $1,500.00 (Please Print or Type Only - Use Additional Sheets If Necessary) APPLICANT INFORMATION Name : Property G s Owner: aa,-/ Address of Property Owner �� 5' /` Z , 5 152j J 4 217i jY City /State: �� d� �=� Zip Code: 33 3 v ) Phone # Day: 75 -10 22 ' z 2 , Evening: Legal description and PCN# of the property to be improved (please attach copy of warranty deed and lease, if applicable): sCN ; r air r sea. • • - St UIIJLS�. 4 tL4e /\) RCT/ & g)2 2i Name of usiness: (If Different from Property Owner) / y Fit' EA✓ Address of Business: 5 2 7 E ki/aat eetall'r /e6 City /State: , (a?aff 14 Zip Code. 33 `7I 3 S� Phone # Day: Evening: 56/ g1° 67V3 SL / «3C --S Initials_ — Page 3 of 8 710 North Federal Highway Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561 - 737 -3258 vvvvv; I)uvrItollide=tc He 1 <'Jlf H ype of BusEnes <. �� J �. t ? / r('. ' • z. // / f✓�. -. 'Years of Operation /veiv Number of Employees Annual Payroll le/ t G �� Number of Employees residing in Boynton Beach 1. PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations The following guidelines are applicable to this program 1 The program is available only for licensed businesses located within the Boynton Beach Community Redevelopment Agency (CRA) district boundaries Note: See attached CRA Area Map 2 The program is for commercial properties and businesses only. The property Owner or Tenant may be the applicant. However, if the applicant is the Tenant, then the Application and Agreement must be jointly executed by both the property Owner and the Tenant 3 Applicants may not have any outstanding City of Boynton Beach liens against their property and their business license in good and current status with the City of Boynton Beach. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien 4 Eligible signage improvements for this program include: • Signage for a new business (located on the building or the property) • New or replacement signage for an existing business (located on the building or the property) • Signage on Awnings /canopies • Associated lighting 5. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach /Palm Beach County. Signage must be in accordance with the CRA Design Guidelines (attached) initials -- Page 4 of 8 710 North Federal Highway Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561 - 737 -3258 6. Proposed signage and applicable improvements must be approved by the CRA Board prior to the actual work being performed or paid for in full in order to be eligible for reimbursement under the grant. 7. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a 50% matching grant for eligible signage improvements up to a total of one thousand five hundred dollars ($1,500) of CRA funds. 8. The Signage Improvement Grant program may only be used one time in any three (3) year period for any one property owner, business entity or applicant. Businesses may re -apply for additional grants any time after three (3) years from previous grant approval 9. The approved applicant must complete the signage project and submit for reimbursement within 90 days of the grant award. Failure to complete the signage improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. Disbursement of grant funds shall only occur if the following conditions are met: • CRA has received an applicant reimbursement request letter. • CRA has received copies of executed sign contracts, canceled checks (front and back); or credit card receipts as proof of payment. • CRA has received copies of final "paid in full" vendor /contractor invoices. A letter, from each vendor that applicant is requesting reimbursement for, stating that all invoices for the project have been paid in full and there are no outstanding monies owed for said project. • CRA has received copies of final inspection approvals from the City of Boynton Beach for all permit required work. • Applicant provides four 3 "x5" color "after" photos. II. APPLICATION PROCESS 1 An applicant seeking a signage grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 710 North Federal Highway, Boynton Beach, FL 33435. 561 - 737 -3256, or online at wv,w boyntonbeachcra com /businesses/ 2. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first -come, first served basis. Initials Page 5 of 8 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 ✓rwvr f,oyn tui bea(J c ra C.(.H Appropriate grant program documents will tie prepared and submitted by the applican: CRA staff will then present the completed grant application to the CRA Board for tnei review and approval The CRA Board conducts their meetings on the second 1 uesda°. of each month Applicant will be notified of the date and time their application will bN presented to the CRA Board It is recommended that Applicant attend the CRA Boarc meeting in order to answer any questions the CRA Board may have regarding the application CRA staff will notify the applicant of approval or denial in writing 4 The CRA will administer the Business Signage Improvement program and funding I addition to the appropriate City of Boynton Beach building inspections, the CRA will inspect the work to determine the satisfactory completion of the work 5 Proposed signage must be designed in accordance with the Urban Design Guidelines (attached) 6 Application to this Program is no guarantee of funding Funding is at the sole discretion of the CRA Board III. REQUIRED PROJECT INFORMATION Submit the following required items (1. Project work write -up(s) describing in detail the scope of the project, 2. Plans or sketches of proposed signage and location including color samples and material specifications, 3. Third -party cost estimates from a minimum of two (2) licensed contractors 4 Estimated project time line, 5 Evidence of financial ability to pay for the project (approved loan cash account 8 line of credit, etc.), c A minimum of four 3" x 5" color "before' photos of the project which must include "public views By signing this Application, I acknowledge that the information provide is true and accurate. I acknowledge that I have received, read and executed a copy of the Program Agreement and I agree to comply with its content SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. oZ e86 - , Applicant/Tenant's Signature Date i ,Z .?f /4,4 /,9r -ro PA /2,P in/ ctpL6 Printed Name Title Page 6 of 8 710 North Federal Highway Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561 - 737 -3258 �1�� %vim 4J /c 3 // Applicant/Tenant's Signature Date J, %' �Z4 o v,2 4 / Printed Name Title STATE OF FLOR A COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgeme _personally appeared /A /L.+ / % rrddpA who is p sonally Icnowri to me or produced as identifica t a cknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGONG, I have set my hand and official seal in the State and County aforesaid on this 3 r day of t•rrECa , 20 / / . 1 ■ 1 NOTARY PUBLIC My Corytkwion 6vw ABA * * MY COMMISSION i EE 100793 EXPIRES: June 6, 2015 *P144of T Berried Thu Budget Notary Berates SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. / 4/7A Pro Owner's Signature Ow e s S gnature Date ide Printed Name Title Page 7 of 8 710 North Federal Highway Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561 - 737 -3258 ✓✓viv, I)C 'ritorlbeaC.ric arc: cor Property Owner's Signature I;ate l , Printed Name Title STATE OF t'7 1)4- COUNTY OF 244 i BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared . D/ G�c' . )vi L i t who is personally known to me or produced �� . L /c7,A as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed IN WITNESS OF THE FOREGOING I have set m, hand and official seal in the State and County aforesaid on this �" day of eff?>Pcre 20 NOTARY PUBLIC My Commission Expires MELISSA NANGLE �,'� • 1rIY COMMISSION ICEE 1F * T * EXPIRES Jun 6, 2C': � v OF of Bonded TIvu Budget Notry Services Page 8 of 8 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 Third Street Si • ns 561.374.9111 Date July 18, 2011 Job Number 11753 TO: DIY Frozen Yogurt Boynton Beach, Florida ITEM NO. QTY , DESCRIPTION UNIT PRICE TOTAL 1 00 Fabricate & install one set of reverse channel letters 2,762 20 2,762 20 Overall size: 25 -1/2" x 111 -1/2" Layout per drawing #11753 Mount letters on full wireway Rear illumination to match existing Clear LeXan backs all illuminated e10ments Tag line routed & backed with white acrylic Light front & rear UL Labeled Electricity to within 6' of sign by customer Cost of permitting 1 00 Fee to City of Boynton Beach 93 00 93 00 1.00 Permit drawings 40.00 40 00 1 00 Engineer seal 85 00 85 00 1.00 Permit processing 5000 50 00 1 00 Inspections 75 00 75 00 Terms Cost of permitting upon contract 50% Deposit after permit is issued Balance upon delivery Subtotal 3,105 20 Tax rate 6 % Tax 165 73 Total 3,270 93 � Oh arse. tt ,6 o�ntra Ct. SIGN F A T S61- ''§ r -99 1 ��yy�� `fDat ` `.ontraGP _ 1313 West Boynton Beach Blvd Ste 13 s'gnfactory@aol.cnirer 9/27/2011 7 i. Boynton Beach, FL 33426 Name / Address Job Site DIY Frozen Yogurt 524 E Woolbrite Boynton Beach. H Project P 0 No Terms Rep DIY Wall Sign 50% Down / Bal due upon last 141,1 Contact Customer Phone # Customer E - Mail Mike 461 436 5838 dryfroyo cola Description South Florida Sign Factory will furnish and install as per approved permitted drawing 408261104 One (1) set of U/L listed LED illuminated 20" tall back ht reverse channel letters reading DY1 and One 12" Open Channel Plastic Face balloon w! WHITF copy applied first surface reading FROZEN YOGI iR 1 Lettering and balloon mounted on wire way Site survey Rendering & Permit Drawing(s) Staff labor to process permit application Staff Labor - Submittal & Retrieval of Permit Package Community Appearance Board meeting One (1) appearance included in contract price if additional appearance(s) are required they will be billed at a rate of $55 per appearance Reimbursement of Permit Fee(s) to be reimbursed when known Reimbursement of Engineers Fee to be reimbursed when known Permitting Acquisition Fees Price includes and is limited to Labor. Materials. Permit & Shop drawings Cite representation and inspections Permit Fees and Engrneenng Fees to be reimbursed to South Honda Sign Factory when known All work to meet or exceed local building codes and requirements and as per approved permitted drawings Payment Schedule 50% deposit is required (in order to proceed) Balance due upon installation One (1) year warranty on all materials provided by South Florida Sign Factor\ 1 accept this contract as a legal bindindmg agreement and authorize South Honda Sign Subtotal Factory to proceed Approved by. _ — (Purchaser) Date _ Sales Tax (6.0 %) Approved by _ _ (Contractor) Date Total Deposit $ Method Ck CC Phone # Contract SIGN FACTORY 561- 737 -9911 wl Dlj�B - E -mail Date Contract # 1313 West Boynton Beach Blvd Ste 13 signfactory @aol.com 9/27/2011 1214 Boynton Beach, FL 33426 Name / Address Job Site DIY Frozen Yogurt 524 E Woolbrite Boynton Beach, F1' Project P 0 No. Terms Rep DIY Wall Sign 50% Down / Bal due upon inst.. BLT Contact Customer Phone # Customer E - Mail Mike 561.436.5838 diyfroyo'@gmail.com Description Please allow Two (2) to Three (3) weeks for installation after all necessary documents have been obtained The purchaser acknowledges that all items in this contract remain property of South Florida Sign Factory until this contracted amount is paid in full In the event local codes prohibit installation of the items described above, all deposits will be returned, less the cost incurred which will be stained by South Florida Sign Factory. Contract void at Contractors discretion, if not accepted within 30 days from the contract date. I accept this contract as a legal bindinding agreement and authorize South Florida Sign Subtotal Factory to proceed. S2,563.00 Approved by. (Purchaser) Date Sales Tax (6.0 %) $153.78 pproved by (Contractor) Date Total S2,716.78 Deposit $ Method Ck CC Page 2 BOYNTON cA =BEACH CRA BOARD MEETING OF: November 8, 2011 X I Consent Agenda 1 1 Old Business 1 j New Business i Public Hearing 1 1 Other SUBJECT: Approval of extension of time to complete interior build -out project for grant recipient Palm Orthopaedic Institute, Inc. SUMMARY: Palm Orthopaedic Institute, Inc. applied for an Interior Build -Out Grant for property located at 638 East Ocean Avenue, Boynton Beach, FL (a copy of the grant application is attached). The CRA Board approved the grant on June 14, 2011 (a copy of the minutes are attached). Under the terms of the grant, the applicant has 180 days, from the award of the grant, to complete the project and submit for reimbursement. December 12, 2011 is 180 days from the award of the grant. Applicant is requesting a 6 month extension in order to complete the project. Palm Orthopaedic applied for its permit on April 6, 2011 (permit receipt attached) and is working with the City on revisions and obtaining an asbestos survey in order to move forward with interior renovations. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RE 9MMENDttTIONS: Approve extension of time. ' 1 ° / t 7 (-- / Theresa Utterback Administrative Services Manager Utterback, Theresa From: Rena R Amro. M D tamrorena@yahoo corn] Sent: Wednesday, November 02 2011 10 23 AM To: Utterback Theresa Subject: Re 638 E Ocean AVe Attachments: 20111102_101459 Mpg Hi Theresa: Thank you for getting back to me. As per our conversation, the GC applied for a permit in April 2011 and I am attaching the receipt to this email. The buidling is quite old and needs a complete gutting and remodeling. We had to submit several revisions to the plans and await City of Boynton beach comments. I had to replace the entire roof in between the raining season which required more time. Now, the hold up is an asbestos survey. If the property has asbestos, I have to demolish and remove the asbestos which will take several months. As such, I am requesting a 6 month extension to have the construction done to convert the space to a viable medial office. Thnakyou: Rena R. Amro, M.D. President, Palm Orthopaedic Institute, Inc. 1501 Forest Hill Blvd Ste 101 West Palm Beach, Florida 33406 561- 434 -6796 From: "Utterback, Theresa" <UtterbackT @bbfl us> To: "Rena R Amro, M D " <amrorena @yahoo com> Sent: Tuesday, November 1, 2011 10 58 AM Subject: RE 638 E Ocean AVe Hi Rena I'd like to give the Board a little more information — when did you submit for your permit'? Your GC should have a receipt because they require a payment when you submit l need a copy of the permit receipt to include in my request to the Board This will at least show the Board that you have submitted for permit and you're still in the permit process Please call me when you have a chance Theresa Utterback Administrative Services Manager Boynton Beach 1 F r 710 North Federal Highwov Boynton Beach r 3343`- P 561 737 -3256 e 7 r 561 737 -3258 utterbacktCbbfi Page 2 of 4 ❑ • ❑ }'01•r- 11 Scan this QR Barcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at www i -mgma mobi From: Utterback, Theresa Sent: Monday, October 31, 2011 11:07 AM To: ' Rena R. Amro, M.D. ' Cc: Brooks, Vivian Subject: RE: 638 E. Ocean AVe Hi Rena will submit your request Again, I strongly encourage you to attend the meeting to answer questions the Board my have regarding your request. CRA staff will not answer questions on your behalf as we do not have first hand knowledge of the difficulties in moving this project forward. Yes the CRA Board approved funding for all four of the CRA's Small Business Grants 1 Business Signage 2 Commercial Facade 3. Interior Build -Out 4 Rent Subsidy Thank you, Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561- 737 -3256 ext. 216 F: 561- 737 -3258 utterbackt @bbfl.us ❑.•❑ }' 1: D- ■ Scan this QR Barcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at www i -mgma mobi From: Rena R. Amro, M.D. [mailto:amrorena @yahoo.com] Sent: Monday, October 31, 2011 11:00 AM To: Utterback, Theresa Subject: Re: 638 E. Ocean AVe Thank you so much for submitting the extension. I will do my best to attend the meeting. I would like to request 3 -6 months to finish the project. 11/2/2011 it Also. 1 was wondering if the CRA reccry ed additional tundini tor the signage improvement for i this fiscal Year, Thanks Rena R. Amro, M.1) President, Palm Orthopaedic Institute, Inc 11501 Forest Hill Blvd. Ste 101 1 West Palm Beach . Florida 33406 561-434-6796 1 From: "Utterback, Theresa" <UtterbackT @bbfl us> To: " Rena R Amro, M D " <amrorena @yahoo com> Cc: " Brooks, Vivian " <BrooksVi @bbfl us> Sent: Monday, October 31, 2011 9 AM Subject: RE 638 E Ocean AVe I 1 Our next CRA meeting is November 8 @ 6 30 - City Halt Your request for an extension of ilme will make this meeting's agenda Please let me know how much time you are requesting 1 strongly suggest you attend the meeting to answer any questions the CRA Board may have regarding your request Theresa Utterback Administrative Services Manager Boynton Beach r Fk 710 Nortn Federos Highway Boynton Beach 3343` P 561 737 3256 ;_,,,, % ri i 561 737 325 utterbacktLbbti s ❑ ze ❑ }11 11 Scan this QR Barcode with your phone and learn more anout ail thr grants avauuabie through rhr (.; (Jkl FRF F hit+odYc Ndantot , . , ,i1 cud a1 ,+ vs ■ to mnt nnuh From: Rena R. Amro, M.D. [mailto:amrorena ©yahoo.com] Sent: Friday, October 28, 2011 1:18 PM To: Utterback, Theresa Subject: 638 E. Ocean AVe Hello Ms. Utterback: I hope you are doing well. I wanted to request an extension for the completion of contruction. I have unexpectedly had many roadblocks and delays with permitting with the City of Boynton Beach due to the current dilapidated state of the buidling. I am in the process of having an asbestos survey to asses the building. These delays will not allow me to finish by the December deadline. Also, I was wondering if the CRA receiving funding for the extenor improvement and Page 4 of 4 signage grant for this fiscal year. If so, I would like to apply. Please advise. Thank you. Rena R. Amro, M.D. President, Palm Orthopaedic Institute, Inc. 1501 Forest Hill Blvd. Ste 101 West Palm Beach , Florida 33406 561- 434 -6796 c 11/2/2011 , - Fde EdIt List Commends Het' all*Wiff rue, srcror 10 N7A0U Payment Due Selection Application number: ',30300B25 Property; 6366 OCEAN AVE 00 fr an' 71 000 EP 713.00 /OK s X" E Cancel Soisti all fees Mess 2 ()set defaults .,....",,, I n, Kre 4 3 r J , / , ‘ „ s„..;„,,,..,_.-„, : ., . ,,,,: Sk $ x7' • • N (31 7 N t o al c> c� z z N �? 0 m C r � m T 2) m N o 7Z M Z s ,r MEM O C all C n 'i O m 70 -71 �O rn ' rn = -DC = a rra = (---, z m r --1 r m D r x Q 1 m n 7 M = Q = ? si'j� TIIJRD o : 4WwECtiilh. 03 C rn m �� a v o 216 N.E. THIRD STREET, BOYNTON BEACH, F133435 u s � T 0 73 (i) Z 0 V) H W CY >E1 z BOYNTON CRA =BEACH CRA BOARD MEETING OF: November 8, 2011 Consent Agenda I Old Business I New Business I I Legal I Executive Director's Report SUBJECT: Arts Commission Recommendation of Marina Entry Art Selections SUMMARY: At the October 11, 2011 CRA Board meeting, staff presented two art pieces that were recommended for the Marina Entry area to comply with the Public Art Ordinance. The Board wanted a recommendation from the Arts Commission. The Arts Commission, at their regular meeting on October 25 voted unanimously to support the selection of the two pieces of art, the Lace Bass and the Green Dragonfly for the two pads in the Marina Entry area. (See attached minutes.) FISCAL IMPACT: $4,200 for both pieces plus permit fees and installation costs of approximately $300 for a total of $4,500. Budget line item 02- 58200 -404 CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Approve the purchase of the art pieces. Vivi Brooks Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \November 2011 \Marina Entry Art.doc CRA PROPOSAL TO ARTS COMMISSION AT OCT. 25 MEETING ON THE MARINA ENTRYWAY PUBLIC ART PURCHASE CRA Marina Entry Public Art Proposal Review to meet the Public Art Ordinance requirement. Total project cost ended up at $295,000. (project under $250,000 when submitted for permit) CRA is proposes to purchase the two public art pieces from 2010 -11 Avenue of the Arts exhibit; the Lace Bass and Large Dragonfly for a total of $4,200. If approved the purchase of both of these artworks is well over our 70% of the 1°/0 requirement. Fee is calculated at $2,065.00. Because there are two pads at the Marina Entryway the CRA is proposing to exceed the required amount. The CRA also wants to support the artists who participate in the Avenue of the Arts by purchasing their artwork for permanent placement in the City. Discussions on this item were vetted at the October 11, CRA meeting. (reference separate document) The following was the CRA boards motion at the Oct. 11, 2011 meeting: To allow the Arts Commission to review and make recommendations to the Board on the art at the Marina. The budget for the two pieces would not exceed $4,200. Discussion considerations: • Avenue of the Arts program goals • Appropriate artwork esthetic fit to site, artwork base to fit pads (limited to a 3 foot square area to install artwork), cost, maintenance, durability at site. • CRA contacted artists for purchase offer for Large Dragonfly and Lace Bass • Artists will deliver and install the art • Irrigation will be adjusted • Permitting • CRA cover maintenance & property insurance October 25, 2011 Arts Commission meeting discussion: • CRA, Executive Director, Vivian Brooks presented to the Arts Commission the redevelopment plans for the Boynton Harbor Marina including the Marina Entryway project that was just completed. Discussion included the proposal to purchase two pieces from 2010/11 Avenue of the Arts as described above. • Public Art Administrator, Debby Coles -Dobay presented the research on all of the Avenue of the Arts exhibits including the Manatee and the artwork that would meet the proposal criteria, esthetics, site appropriateness, costs and artwork installation size restraints at the Marina entryway. • Arts Commission discussion ensued, and in light of the size constraints of the 2 pads at the Marina, the public art budget, the entertainment and recreation factor at the Boynton Harbor Marina, the Arts Commission agreed with the Executive Director's recommendations for the two art selections (the Large Green Dragonfly on the south pad and the Lace Bass on the north pad) and expressed their gratitude to the CRA for supporting art in our City. The motion that the Arts Commission made was: CRA to purchase the two art pieces, the dragon fly and guitar. Vote unanimously in favor A 4, ,,,,,, 4 .. ., .,.. ,,„ _._. . ,....., , Y Tm ,..,. a • t ° i r i i• ' J. 1 1 * ; i .. 4. L 4 11 , \-.. - ^.- ^ in 1 a.. a . a via. , �. ' 10 a 1 kt 11 , 4 w . I iii - . . #,_ r ; jc . i .. 4. t . . II L.. t . , . , - - '. A 1 • • , . . - ..• , Alli • N l ii soili,° . • • 1 . .. . • , • i . , ... N .„ . ' 4 t . 4 , . ik ' bl „Jim 1 '' •41 ( 1 4ivitiN I , 4o. t . 1, • .0 4 * 9 1 itikt ' '1" - , , 1 . liki,\I ii Ilk ,,, BOYNTON cRA =BEACH CRA BOARD MEETING OF: November 8, 2011 X Consent Agenda 1 Old Business New Business 1 Legal 1 1 Executive Director's Report SUBJECT: Information Regarding Utility Capacity Charge for Businesses SUMMARY: The City Ordinance Sec. 26 -34. Capital Facilities Charges and Connection Charges states that new or expanding residences and businesses must pay a capacity fee for water and sewer (See attached Ordinance). For instance, Hurricane Alley recently added seating to the interior of her restaurant as part of an expansion. For this type of restaurant the ordinance sets a fee of $250.18 per new seat. The water & sewer capital facility use fee for the additional indoor seats for Hurricane Alley is $9,254. Outdoor seating within the CRA is exempt from the Capital facilities charges and connection charge. The ordinance does allow the business to pay the fee over an eighteen period. Some issues for the Board to consider: 1. Is the per seat charge appropriate considering the revised downward projected growth of the City? 2. If outdoor seating is exempt from the fee within the CRA, assuming these patrons use the facilities as well, why not exempt the interior seating as an incentive to develop more restaurants. 3. A new 150 seat restaurant would incur a $40,000 Utility Capacity Charge. 4. Although it has been a concern of the Utility Dept. that water usage has dropped due the drought conditions, as new businesses come into the CRA they will be using more water thus creating new revenue sources. City staff is reviewing the ordinance and will bring this item forward to the Commission at a later date for discussion. FISCAL IMPACT: None, information only. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: When possible, remove governmental barriers to business -xpansion and recruitment. i Vivian L. Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \November 2011 \Utility Capacity Fee doc Boynton Beach, L ('ode of Ordinances sec j( (4. ( apital facilitie4 charges and connection cti.Jiges (A) CAPITAL FACILITIES CHARGE IMPOSED When property ieceives water and'or sewage service ft systems owned or controlled by the city. the owner of such property shall pay unto the city a water and /or sewage capital facilities charge as follows (1) Ware, (a) Property located within the municipal limits of Boynton Beac h One thousand one hundred tw enty -tw 0 dollars ($1,122 00) per equivalent dwelling unit "Equivalent dwelling unit" is defined as a unit of construction has ing the same water usage as a one bedroom single - family home, and the number of equivalent dwelling wets, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80 -10 [Article II of this chapter] and by reference made a part thereof (b) Property located beyond the municipal Limits of Boynton Beach b within the 017117 se/lice area Oa thousand four hundred three dollars ($1,403 00) per equivalent dwelling unit "Equivalent dwelling unit' is defined as a unit of construction having the same water usage as a one - bedroom single - family home, and the number of equivalent dwelling units. for the purpose of this calculation, contained within the property shall be determined nn accordance with the schedule attached to Ordinance Number 80 -10 1 Article it of this chapter] and by reference made a part thereof (2) Sen ugc (a) Property located within the municipal Inntts 01 Boynton Beach Six hundred sixty -tive dollars ($665.00) per equivalent dwelling unit "Equivalent dwelling unit" is defined as a unit of construction generating the same amount of sewage as a on- bedroom single- family home, and the number of equix alent dwelling units. for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80 -10 [Article I1 of this chapterl and by reference made a part thereof (b) Property located beyond the municipal limits or the 00' of Boynton Beach but Italia'? the utility sen u area Eight hundred thirty -one dollars ($831 00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined a unit of construction generating the same amount of sewage as a one- bedroom single- family home. and the numhei of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80 -10 [Article iI of this chapter] and by ieference made ,i part thereof Said capital facilities charge is designed to coy ei the cost of existing or additional raw water production facilities water treatment facilities and water distribution facilities together with sewage transmission facilities either existing 0' additions and improvements thereto which will be utilized by the city to provide water and sewer service to said property Said capital facilities charge shall be paid or in part credited if appropriate upon the issuance of the first building permit issued on the owner's property and shall be computed based upon the rate in effect upon that date A capital facilities charge shall not be assessed to restaurants for outdoor seating as long as said outdoor seating does not exceed fifty percent (50 %) of the total customer seating provided by the restaurant at that location A11 outdoor seating at restaurants located within a zoning district allowing a mix of uses m the Community Redevelopment Area, or restaurants located within a public building or the Public Usage Zoning District are exempt from the capital facilities charge Under no circumstances shall any permanent or temporary seating be located partially or completely within required parking spaces, easements, fire lanes, access aisles, or the public light -of -w av except with city approval and in accord with city regulations For the purposes of this section, "outdoor seating" is defined as any customer seating placed outside (exterior) o' the fixed and permanent walls of the building where the restaurant is located For properties located within the community redevelopment aiea that are assessed capital facilities charges pursuant to this section, the capital facilities charge may be paid in full prior to of at the time of building penmit issuance 01 .0T Page 2 of 7 an installment basis, without interest, for an amortization period not to exceed eighteen (18) months from building permit issuance. Should the installment payment option be utilized, charges will be billed on a monthly basis, and the property shall only be credited for the value of that portion of the capital facilities which has been paid. If oversizing funding has been carried out by a developer (or developers) that funding will have a capital facility charge credited in an amount no greater than the oversizing charge portion of the cost of original construction. Oversizing costs shall be defined to be the relative carrying capacity of the oversized lines as constructed versus the carrying capacity of the minimum sized lines that would have been required to serve the development (or developments) participating in the funding as follows: A. * B. C. Developer(s) Capital Facility Oversized Line Constructed as Minimum Sized Lines Required to Charge Credit as a Percent of Required by the Master Plan Serve Participating Developer(s) Costs (Col. A x Col. B Costs) 44.444% 20 16 74.359 20 12 28 571 16 14 52.381 16 12 71.429 16 10 37500 12 10 65.517 12 8 84 127 12 6 *From "equation of pipe chart attached as Exhibit A" to Ordinance Number 80 -10. which exhibit is set out following this division. If in providing water or sewer service to an owner or developer, the city utilizes a part or parts of already installed city facilities that have been oversized pursuant to division 1 of this article, the responsibilities of each developer receiving such service subsequent to the trunk line construction agreement for connecting to a system that has been previously oversized, will be to pay the proportional share (this developer(s) equivalent dwelling units as a percent of total equivalent dwelling units to be served by the oversize pipe) of the total cost (engineering, construction, etc) of the system plus the following: (a) An adjustment equal to the engineering consumer price index increase, if any, since the contract date of the construction of the oversizing. (b) An adjustment that represents the interest (assumed to be 9 %) that the city would have earned if the related capital facility charge credits were not given to the developer or developers who funded the oversizing. (c) An adjustment that represents an administrative charge to the city for handling the oversizing negotiations and procedures, the amount to be fifteen percent (15 %). (d) Equivalent dwelling units capital facilities charge then in effect for water and sewer services in accord with this chapter as amended. Note: Example - Assume three (3) developers representing four thousand (4,000) equivalent dwelling units require a twelve (12) inch line to serve them, and the three (3) developers jointly agree with the city to fund a sixteen (16) inch line which will serve twelve thousand (12,000) equivalent dwelling units. The three (3) developers will pay the entire cost of the installation of the line, but would receive credits against capital facility charges for 52 318% of the cost of the line divided among the three (3) developers according to their individual share of the four thousand (4,000) units. Developers tying -in to the system at a later date would pay a cost per unit equal to 1/12,000 of the construction costs plus items (a). (b), (c). and Id) above (B) USE OF FUNDS All revenues derived from the charges imposed by this section, in excess of the sums required for actual reimbursement of costs for connection, shall be placed in a separate capital nnprov ement fund to ht known and designated as Capital Improvement Account of the Water and Sewers Utilities Fund. and shall be used onk for the construction, acquisition, addition, extension, renewal and replacement of water and sewage systems of the city as appropriated from time to time by the council If funds are not available in this fund either through revenue from capital facility charges or balance from bond issue, for the city to approve a protect to extend water and sewer systems the developer may advance fees to the utility trust fund (C) WATER CONNECTION CHARGE When property reveres water service from the city facilities the ovv net of such property shall pay unto the city a water connection charge, based upon the size of the service line and meters for the cost of making the tap into the city system, installation of the service lateral and meters, together w ith the cost of the meters themselves Said water connection charge shall be prov lded by the city commission. as same shall front time to time be amended (D) SEWER CONNECTION CHARGE When property receives sewage service from the city facilities and the owner of such property requests that the city install the service lateral and make the actual tap into the city system. the owner shall pay to the city the total cost of all labor performed and material supplied prior to the city performing such services (E) CAPACITY RESERVATION FEES Any person or property owner requesting a firm iesen anon of water and/or sewage treatment capacity shall pay the city a reservation fee for said capacity The reservation fee is intended to equal the costs for financing the necessary capacity and administering this program, and all revenues therefrom shall be placed in the capital improvement fund described in this section As such. the resew anon fee is hereby established as denoted in the following table, for each year that capacity is to he reserved Type of Dwelling Conversion Factor No. of Annual Reservation Fec Equivalent Residential Units (ER U's) Residential Single - family, per meter 1 0 S 138 60 Apartment, per meter 5/8" x 3/4" 1 0 138 60 1 " 2 9 401 94 2" 98 1.35828 Nonresidential, per meter. 5/8" x 3/4" 1 4 194 04 1" 5 7 790 02 11" 8 7 1 ,205 82 2" 15 2 2,106 72 3" 37 4 5,183 64 4" 59 5 8,246 70 6" 232,1 32,169 06 In cases where the required information is not available in sufficient detail to apply the above. a projected flow 01 demand for the project, certified by a professional engineer registered in the State of Florida, shall be required One t 1) ERU shall then be equivalent to three hundred eighty -six (386) gallons per day of flow or demand Page 4 of 7 The reservation fee shall be due and payable at any of the following instances, whichever occurs first (1) At time of concurrency review and certification; or (2) Upon request for written confirmation of capacity reservation, or (3) Upon request for the utilities director's signature on department of health and rehabilitative services or department of environmental regulation permit applications for water and/or sewer main extensions, or (4) Upon issuance of a development order by the city, or (5) Upon renewal of an existing development order by the city Reservation fees shall serve to reserve capacity for a period not to exceed one (1) year If the property owner has not paid all applicable capital facilities charges prior to expiration of the reservation fees, then the fees must be renewed at the rate in effect at that tune. Reservation fees are not refundable for any portion of the year during which construction occurs The property owner, may, at his discretion, pre -pay all required capital facilities charges in lieu of paying reservation fees. In such instances, firm capacity would be reserved indefinitely without need for annual renewal. (Code 1958, § 30B -4, Ord. No 80 -10, § 1, 4 -1 -80; Ord No. 80 -21, § 1, 6 -3 -80: Ord. No. 83 -37, §§ 1-4, 10- 18 -83; Ord. No. 90 -35, § 1, 9- 18 -90, Ord. No 91 -59, § 1, 8- 20 -91; Ord. No 93 -03, § 1, 4 -8 -93; Ord No 97 -02, § 1, 2 -4 -97, Ord. No. 02 -045, § 4, 8- 20 -02, Ord No 07 -023, § 4, 9 -2 -07; Ord No. 07 -034, § 2, 11- 13 -07; Ord No 08 -018, § 2, 7- 15 -08) Cross references - Service charges, § 26 -8; monthly rates, § 26 -9 Sec. 26-35. Additional charge. If the use of any property served by the city's sewage and water systems changes after April 1, 1980, (a) so as to change its classification for the purpose of computation of the charge or (b) so as to increase the number of equivalent units over the number of such units at either the time of payment of the last charge April 1, 1980, whichever is later, then the connection charge and the capital improvement fee resulting from the change in property use shall be due and payable at the time of the change in property use, regardless of whether any charge was ever imposed or paid at the time of initial connection to the system The increased charge imposed by this section shall be due and payable when the building permit for the activity causing the increased charge is issued (Code 1958, § 30B -4, Ord No. 80 -10, § 1, 4 -1 -80, Ord No. 80 -21, § 2, 6 -3 -80) Secs. 26 -36, 26 -37. Reserved. EXHIBIT A It is frequently desired to know what number of pipe of a given size is equal in carrying capacity to one pipe of a larger size. At the same velocity of flow the volume delivered by two (2) pipes of different sizes is proportional to the squares of their diameters, thus one four -inch pipe will deliver the same volume as four (4) two -inch pipes. With the same head, however, the velocity is less in the smaller pipe, and the volume delivered vanes about as their diameter ratio to the 2.65 power This table is calculated on this basis. The figure opposite the intersection of any two (2) sizes is the number of the smaller -size type required to equal one of the larger thus, 1/6 unit equals 2 9 four -inch. Equation of Pipe Diameter 1/2 3/4 1 2 3 4 5 6 7 8 10 12 14 Inches 2 39 4 13.5 6.3 1 0 3 115 394 184 29 10 4 247 84 4 39 4 6 3 2 1 1 0 5 447 153 71 2 113 39 18 10 6 724 24 115 184 63 29 16 1 7 1,090 372 174 27 7 9 4 4 4 2 4 1 5 1 0 8 530 247 394 13 S 63 35 2 14 10 10 957 447 71 2 243 11 3 63 39 26 1 8 1 0 11 575 916 31 3 146 81 50 33 23 1 3 12 724 115 394 184 10 6 3 42 29 1 6 1 0 13 895 143 487 227 126 78 52 36 20 1 2 14 1,090 174 59 - 3 2 7 7 15 ; 9 4 6 3 4 4 2 4 1 5 1 15 1 ,308 208 71 2 312 184 11 5 53 2 1 " 1 16 247 844 394 218 13 89 63 3 5 21 1 17 290 992 463 256 158 105 7 4 4 25 1 18 338 115 538 298 184 122 86 4 29 1 19 390 133 6211 344 212 141 99 55 3 4 2 { 20 44 153 7 1 2 394 24 3 162 11 ; 6 3 3`+ - 1 22 575 196 91 6 50 3 1 3 2 08 146 8 ] S�) 24 724 24 115 63 8 394 26 184 10 6 k 4 , 30 332 18 1 1 36 29 8 184 12 42 448 48 63 8 39 4 26 j (Ord No 80 -10. 4 -1 -80) PALM BEACH COUNTY HEALTH DEPARTMENT "GUIDELINES" Estimated Sewage Flows Sewage Flow Equivalent Water Osage Equivalent Gallons/Day Dwelling Gallons/Day Dwelling Units Units Single- Family Homes (a) One - bedroom -One 250 1 0 312 1 0 dwellmg unit (b) Two - bedroom 350 1 4 437 1 4 (c) Three- bedroom 450 1 8 562 1 8 (d) Four - bedroom 500 2 0 625 2 0 (e) Five - bedroom 550 2 2 68 2 2 (f) Additional 50 62 Page 6 of 7 I bedroom, each 1 1 Apartment House (a) One - bedroom 200 0.8 250 0.8 (b) Two - bedroom 300 1.2 375 1.2 (c) Three - bedroom 400 1.6 500 1 6 Mobile Home Park, per unit: Independent 250 1.0 312 10 Dependent 100 0.4 125 0.4 Motels or Hotels, with 100 0 4 125 0.4 one - bedroom units, per unit Laundries (coin- 400 1 6 500 1.6 operated), per machine Office Buildings, per 20 25 employee Schools, per pupal: Day, cafeteria and 20 25 showers Day, cafeteria or lunch 15 19 room Boarding 75 93 Service Stations First bay 1000 4.0 1250 4.0 Each additional bay 500 2.0 625 2.0 Churches, per sanctuary 5 -7 seat Restaurants (including toilets): (a) Twenty- four -hour, 50 62 per seat (b) Not twenty -four- 35 44 hour, per seat (c) Bars and cocktail 35 44 lounges, per seat (d) Drive -in, per car 50 62 space (e) Vending machine 70 88 restaurants, per seat (f) Tavern (very little 20 25 food service), per seat Hospitals, per bed 200 250 Nursing and Rest Homes, 200 250 per person person ("amps I' (a) Day (no meals) 20 ' per person (b) Luxury, prnate 100 1,1) bath, per person (c) Labor, per person 75 93 (d) Youth and 50 0: recreation, per person Vacation Cottages, pet 50 6 person Institutions, per resident 100 125 Theaters Indooi, per person 3 4 Outdoor, per car 5 Ti al el Trader , per unit 75 93 Stores 400 1 6 500 1 6 Fac tones, per person pc) 15 1' shift Plc nlc Parks (with /lour 10 1' toilets), per person Airport, per passenger 3 4 Barbershop, per chats 85 107 Beauty Shop, per booth 100 125 Bowling Alley, (per lane) 200 250 Child Care Centers 20 25 Child Care Centers (a ith 35 44 food) Shopping Centers (a) Per square foot 0 1 0 12 floor space (no food service or laundry Structured Not Listed Ahoi c' Daily flow must be estimated by a registered professional engineer in accordance with published rules of the State of Florida, Department of Environmental Regulation (Ord No 80- 10.4 -1 -80) ,.r� <_c�airnt i'1surport(tDarTlteQa 1 City of Boynton Beach -_., rr : Building Division WATER & SEWER CAPITAL FACILITY USE Equivalent Dwelling OCCUPANCY SEWER FLOW Estimated Usage WATER GALLONS/DAY x $112 Units $ GALLONS/DAY X 0865 $ Single Family One Bedroom 250 1.00 = 885.00 312 1.00 = 1122.00 Two Bedroom 350 1.40 = 931.00 437 1.40 = 1 ,570.80 Three Bedroom 450 1.80 = 1197.00 562 1.80 = 2,019.80 Four Bedroom 500 2.00 = 1330.00 625 2.00 = 2,244.00 Five Bedroom 1 550 2.20 = 1463.00 687 2.20 = 2,468.40 Each Additional Bedroom 50 _ 0.20 = 133.00 62 0.20 = 224.40 Apartment One Bedroom 200 0.80 = 532.00 250 0.80 = 897.80 Two Bedroom 300 1.20 = 798.00 375 1.20 = 1,346.40 Three Bedroom 400 1.80 = 1084.00 500 . 1.60 = 1,795.20 Mobile Home Independent 250 1.00 = 665.00 312 1.00 = 1122.00 L Dependent 100 0.40 = 266.D0 125 0.40 = 448.40 Travel Trailer 75 0.30 = 199.50 93 0.30 = 336.80 MoteUHotel -one bedroom per unit 100 0.40 = 266.00 125 0.4D = 448.40 Other Uses Barber Shop-per chair 85 0.34 = 226.10 107 0.34 = 381.48 Beauty Salon-per chair 100 0.40 = 266.00 125 0.40 = 448.40_ ,_Boarding House 75 0.30 = 199.50 93 0.30 = 338.60 Bowling Ailey -per lane 200 0.80 = 532.00 250 , 0.80 = -89280 Child Care Center 20 0.08 = 53.20 25 0.08 = 970_ ik .1 tc Child Care Center w/Food 35 0.14 = 93.10 44 0.14 = 157.08 Church -per seat 7 0.02 = 13.30 7 0.02 = 22.44 Laundries -Coin -per machine 400 1.80 • 1064.00 500 1.60 = 1,795.20 Office Building -per employee 20 0.08 = 53.20 25 0.08 = 89.76 Picnic Park w'Toiiets -per person 10 0.04 = 26.60 13 0.04 = 44.88 Shopping Center -per square foot .1 .125 Stores 400 1.60 = 1064.00 500 1.60 = 1,795.20 Schools Day w/Cafeteria or Lunch Room 15 0.06 = 39.90 19 0.06 = 67,32 Day w/Cafeteria and Showers 20 0.08 = 53.20 25 0.08 = 89.76 Service Station First Bay 1000 4.00 = 2660.00 1250 4.00 = 4,488.00 Each Additional Bay 500 2.00 = 1330.00 625 2.00 = 2,244.00_ Restaurant - including Toilets 24 Hour -per seat 50 020 = 133.00 62 0.20 = 224,40 Not 24 Hour -per seat 35 0.14 = 44 0.14 = "�� Bar & Cocktail Lounge -per seat 35 0.14 = 93.10 44 0.14= 157.08 Drive In-per car apace 50 0.20 = 133.00 62 0.20 = 224.40 Vending Machine -per seat 70 0.28 = 186.20 88 0.28 = 314.16 _TavernSome Food:per seat 20 0.08 = 53.20 25 0.08 = 89.78 Hospital -per bed 200 0.80 = 532.00 250 0.80 - 897.80 Nursing Home -per person 100 0.40 = 266.00 125 0.40 = 448.00 Institution -per person 100 0.40 = 286.00 125 0.40 = 448.00 Camp _ Day -No Food -per person 20 0.08 = 5320 25 0.08 = 89.76 Luxury- Bath -per person 100 0.40 = 266.00 125 0.40 = 448.00 Labor-per person 75 0.30 = 199.50 93 0.30 = 336.00 Youth & Recreation -per person 50 020 = 133.00 82 0.20 = 224.40 Vacation Cottage -per person 50 0.20 = 133.00 62 0.20 = 224.40 i. Theater Indoor -per person 3 0.01 = 7.98 4 0.01 = 11.22 Outdoor -per person 5 0.02 - 13.30 7 0.02 = 22.44 NOTE: Structures not listed above must be estimated by a Registered Engineer In accordance with published rules at the Palm Beach County Health Department 100 East Boynton Beath Blvd, PO Box 310, Boynton Beth FL 334254310 Phan* BM) 7421310 Pax: BNB) 7421307 aloevotomonlacitextrontoLTsowlotosiWountawmoCiparaolkytiot WO BOYNTON =BEACH CRA BOARD MEETING OF: November 8, 2011 Consent Agenda I X 1 Old Business I J New Business I I Legal I 1 Executive Director's Report SUBJECT: HR Manual — Definition Revision SUMMARY: At the October 11 CRA Board meeting, staff requested consideration of revision to the CRA's HR Manual for "full -time employee" to be specified as a minimum of 36 hours to conform to the City of Boynton Beach's definition. The item was tabled pending confirmation with the City's HR Director "that the document was consistent with the City manual" (see attached minutes). The Executive Director and Finance Director met with the City's HR Director and confirmed the following: • Full -time employees are those scheduled to work a minimum of 36 hours per week (see attached City Manual — A) • The definition applies to all classifications of employees, both salaried and hourly (see attached City Manual — B) unless a classification is covered by a collective bargaining agreement or appomtment letter. While the federal government and state of Florida leave the definition of "full- time" employee up to the employer, Florida Statutes 627 6563 defines "full -time employment" for insurance purposes as an employee who has a normal workweek of 25 or more hours It should be noted that the statute does not require an employer to provide insurance to employees who work 25 or more hours, rather, the statute requires that an insurance vendor must include those employees if the employers directs them to (statute attached). FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Operations RECOMMENDATIONS /OPTIONS: Change wording in CRA's HR Manual for Full -Time Employees to read: "A budgeted regular employee who is scheduled to work a minimum of thirty -six (36) hours per week." - Vivian L. : rooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board Meetings \November 2011\HR Manual - Definition Revision doc Meeting Minute Community Redevelopment Agency Board Boynton Beach, FL October 11, 2011 The art for the new WalMart would be installed this week and Ms Walsh would alert the. Board when it would take place as it was a great photo opportunity The flight before any WalMart Grand Opening, there is a team - building event to welcome the team members The next morning, the store would open The date of the team- building event was Wednesday, October 26, at 5`30 or 6:00 p.m and the standard Grand Opening was on Thursday October 27th ai 7 30 m She hoped , nclude the City Commission /Community Redevelopment Agency Board al the team - building event so they could meet the new staff VII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting September 13, 2011 B. Approval of Period Ended September 30, 2011 Financial Report C. Monthly Purchases Orders D. Consideration of Approval of Extension of Time for Commercial Facade Grant to Rainbow Colors, Inc d /b /a RCI Painting & Waterproofing E. Consideration of Approval of HR Manual — Definition Revision This item was pulled by Chair Rodriguez VIII. Pulled Consent Agenda Items E Consideration of Approval of HR Manual — Definition Revision Chair Rodriguez inquired if the manual would pertain to hourly employees. Susan Harris, Finance Director, responded there are two hourly employees, but the manual would pertain to both hourly and salaried employees. Ms Brooks explained the CRA had considered cutting hours to 36 hours They had conferred with the City's HR Director and in order to preserve ones benefits, 36 hours was considered full time. was a minor revisior Chair Rodriguez suggested making the manual specific to hourly and exempt employees. After brief discussion, there was agreement Ms. Harris would confirm with the City HR Director that the document was consistent with the City manual. Motion Mr Holzman moved to table the item Mr Karageorge seconded the motion that unanimously passed. 4 1 VIII. APPENDIX CITY MANUAL - A 2 3 01. DEFINITIONS 4 5 The following words and terms shall have the meaning indicated unless the context clearly indicates 9 otherwise: 8 ADMINISTRATIVE REVIEW means review of the disciplinary action in question; after which, the 9 Human Resources Director shall either sustain, reverse, or modify the disciplinary action. The 10 disciplinary actions which qualify for Administratvie Review include, reprimands, suspensions with 11 pay, demotions, and suspension without pay of two (2) workdays or less 12 a i ALLOCATE shall mean the act of assigning each position to its proper class. ig ANNIVERSARY DATE shall mean an employee's date of hire or re -hire, whichever is later. 17 APPEAL shall mean a request for an administrative review by the Human Resources Director or a 18 final review by the City Manager, depending upon the severity of discipline. 20 CERTIFY shall mean the act of the Human Resources Director in supplying a department head with the names of applicants who are eligible for appointment to a position. 23 CLASS shall mean a position or group of positions which have similar duties and responsibilities, 24 require similar qualifications, can be properly designated by a title, indicative of the nature of work, 6 and are assigned to the same pay range. 27 COMPENSATORY TIME shall mean time taken off in lieu of overtime pay for hours worked in excess Z9 of the maximum for the (non- exempt) employee's work period as set forth in the FLSA i1 CONTINUOUS SERVICE shall mean employment which is uninterrupted. 32 CONTRACT EMPLOYEE shall mean an employee hired by direct Letter of Appointment from the City 3i Manager. 35 DEMOTION shall mean the assignment of an employee to a position in a lower class having a lower R9 maximum salary than the position from which the assignment is made. 38 DEPARTMENT shall mean Operating Department, unless specifically referred to as Human i8 Resources Department. 41 DISMISSAL shall mean the discharge of an employee from his /her position with the City. The terms termination and dismissal are interchangeable. 44 ELIGIBLE shall mean a person who has been found qualified for appointment to a position in a 46 particular classification. 3g EEOC shall mean the Equal Employment Opportunity Commission. 49 EXAMINATION shall mean any selection instrument used to measure the relative knowledge, skills, 50 and abilities for candidates competing for positions; such as,evaluations of training and experience, performance tests, oral interview, written tests, and previous performance evaluations. 53 FULL -TIME EMPLOYEE shall mean an employee who is scheduled to work a minimum of 36 hours gg per week. 56 GRIEVANCE shall mean formal notice of dissatisfaction by an employee with permanent status who 58 feels they have been unjustly treated in cases involving employment conditions. JOB T1TLE shall mean a definite descriptive designation for a job classification. 31 LAY OFF shall mean the dismissal from employment because of shortage of work or funds, the 62 abolishment of a position, consolidation of departments or divisions, privatization, reclassification or City of Boynton Beach Effective Date 03/01/1998 33 Personnel Policy Manual Last Revised May 2011 CITY MANUAL `" 2 I. GENERAL PROVISIONS 4 01. Purpose of These Policies 5 6 These policies are to provide guidance for the administration of the City's Personnel program 7 8 A.These policies shall apply to all classifications, unless a classification is covered by a 9 collective bargaining agreement or an appointment letter. If the bargaining agreement 10 that covers an employee or an employee's appointment letter does not address specific 11 issues then these policies shall apply as to that issue 12 13 B. An employee who is promoted or reclassified from classifications previously covered by a 14 bargaining unit agreement or by any previous rules or regulations into positions affected by 15 these policies, shall be considered covered by these policies effective as of the date of the 16 promotion or reclassification. 17 18 Approval of Policies 19 These policies shall be in force and effect when approved by Ordinance of the City Commission. in 20 the event of any conflict between these rules and any other existing policies, rules or regulations 21 which are in conflict with these policies, these policies shall prevail. 22 23 Amendment of Policies 24 These policies may be amended from time to time by Ordinance of the City Commission„ 25 26 Codification 27 The City Administrationreserves the right to re- codify the Personnel Policy Manual to facilitate its 28 use. 29 30 02. Organization for Personnel Administration 31 32 City Commission: 33 34 The City Commission shall: 35 36 A. Have the power to approve or amend the Policies after receiving a recommendation from 37 the City Manager. 38 39 B. Ratify letters of appointment when required by the City Charter 40 41 City Manager 43 The City Manager shall: 45 A. Be responsible to the City Commission for the administration of the personnel system. 46 B. Appoint, promote, transfer, remove, demote, suspend, or discipline all subordinate 47 employees. The City Manager may, in his /her discretion, delegate administrative 48 authority to the Human Resources Director or Assistant City Manager to approve 49 personnel actions. The City Manager may enter into letters of appointment to hire or 50 retain exempt status management employees under such terms and conditions as the 51 City Manager deems necessary to hire or retain competent management personnel 52 Ratification of letters of appointment by the City Commission is not required unless City of Boynton Beach Effective Date 03/01/1998 Personnel Policy Manual Last Revised May 2011 CRA MANUAL • DEMOTION — Assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. • DISMISSAL — The discharge of an employee from his /her position with the CRA. The terms termination and dismissal are interchangeable. • EMPLOYMENT CONTRACT — An individual contract that provides a non - regular employee with a written agreement of employment terms. • EXEMPT EMPLOYEE— Any employee whose position is ineligible for overtime as determined by the Fair Labor Standards Act ( "FLSA "). • FULL -TIME EMPLOYEE— A budgeted regular employee who is scheduled to work a minimum of forty (40) hours per week. • GRIEVANCE— Formal notice of dissatisfaction by a regular employee who feels he / she have been unjustly treated in cases regarding their employment. • HIRE DATE— An employee's date of hire or re -hire, whichever is later. • INITIAL PROBATIONARY PERIOD — A ninety (90) day calendar period of time beginning with the employee's hire date. Leaves or breaks in service without pay for more than fifteen (15) working days may cause this date to be extended by the actual number of work days missed. During the Initial Probationary Period, an employee may be terminated without notice and without cause. • JOB ANNIVERSARY / CLASSIFICATION DATE — the effective date of a promotion or demotion action. • LAYOFF — Dismissal from employment because of shortage of work or funds, or because of changes in the organization. • NON - EXEMPT EMPLOYEE — Any hourly employee whose position is eligible for overtime after forty (40) hours of work per week as determined by the Fair Labor Standards Act. • OVERTIME PAY— Pay for overtime or compensatory time worked in excess of a non - exempt employee's forty (40) hour workweek. • PART -TIME — Appointment to a position that usually requires a working schedule Tess than forty (40) work hours per week. • PAY PLAN - A formal schedule of pay ranges containing a minimum, mid point and maximum value for all job descriptions. -5- Mat ('� sk ( }]I'M utle 0 ,F lr t ea' 2009 Go The 2009 Florida Statutes Title XXXVII Chapter 627 View Entire Chapter INSURANCE INSURANCE RATES AND CONTRACTS 627.6563 Full - time employment defined. - -Upon the request of the policyholder a group blanket franchise health insurance policy issued or delivered in this state that provides coverage to an employer for the benefit of its employees shall include in the definition of "full - time employee" an employee who has a normal workweek of 25 or more hours. This section does not prohibit an Insurer from oxclud}ng coverage for a temporary or substitute employee History. - -s 132 ch 92 33 r - Copyright rt- 1995 -2011 The Florida Legislature • Privacy Statement • Contact XI. Old Business: B. Renegotiate the Terms /Fees with the Palm Beach County Commission of Ethics There is no backup material for this agenda item. 0 Y T BO N ON c =BEACH CRA BOARD MEETING OF: November 8, 2011 Consent Agenda IX 1 Old Business 1 New Business I Legal 1 Executive Director's Report SUBJECT: Consideration of Issuing an RFP for a Tenant for the Oscar Magnuson House (211 East Ocean Avenue) SUMMARY: At the September 13, 2011, CRA Board meeting the Board directed staff to draft a Request for Qualifications and Proposals for a restaurant tenant for the Oscar Magnuson House at 211 E. Ocean Avenue. Attached is the RFQ /RFP. Some key points of the RFQ /RFP are: 1. CRA will offer a 5 year lease with 2 optional 5 year terms 2. No rent for year 1 of the lease 3. $8 per gross ft. plus taxes, insurance and maintenance year 2 4. 5% increase per year in rent in years 3 -5 5. Market rent in years 6 -15 6. Tenant to pay 50% of tenant build -out (interior). Interior build -out estimated at $500,000 with tenant's portion being $250,000. Issues for Board consideration: 1. Cost of Proiect - Construction - $838,500 plus 10% contingency = $922,350 Architectural, site plan, permitting and impact fees = $100,000 Total Estimated Cost = $1,022,350 2. Source of Funding - CRA only encumbered $300,000 for project Shortage = $722,350 Mortgage for balance = $475,000 (less $300,000 and tenant's contribution of $250,000) A mortgage requires City Commission Approval Approximate monthly payment = $2,477 (amortized over 30 yrs on a 15 year loan) 3. Broaden RFP to Attract a Variety of Businesses — The key to a successful downtown is a tried and true formula; regular events, a choice of restaurants, unique character, a variety of activities, retail, good signage and available parking. The Board may want to consider broadening the RFP to include a wider range of businesses but exclude those that are not active uses, i.e.; would not add life to Ocean Avenue. In the event that the T•\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \November 2011 \RFP 211 doc BOYNTON C 'BEACH Board votes to broaden the RFP, the RFP would have to be amended to reflect the change in tenant investment. Additionally, it is very unlikely that a retail tenant could carry the rent and maintenance, taxes and insurance since there is not enough traffic on Ocean Avenue at this time The CRA would have to carry this cost for a number of years. 4. Economic Environment — The economic environment makes it very difficult for small businesses to borrow. The investment needed for this project is much greater than the Jones Cottage due to its size. The Board may want to consider two options. asking for Tess of an investment from the tenant or postponing issuing the RFP until the economic climate improves Once the Jones Cottage is up and running and proves to be successful, it will be a catalyst for new investment. Additionally, if the 500 Ocean site is redeveloped, it will bring greater attention to Ocean Avenue making the likelihood of getting a viable tenant much greater Due to the historic importance of the structure, its strategic location in downtown and the financial investment necessary on the part of the Agency for renovation, staff stresses that the Board take into consideration all of the issues outlined above. FISCAL IMPACT: To be determined by Board action CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Staff recommends that the Board wait until the Ruth Jones Cottage is completed and open and to see if the 500 Ocean site is going to get redeveloped before proceeding with the Oscar Magnuson project. Vivian L. Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \November 2011 \RFP 211 doc REQUEST FOR QUALIFICATIONS AND PROPOSALS The Boynton Beach Community Redevelopment Agency (CRA) is seeking proposals and qualifications from experienced and qualified restaurant operators interested in leasing or the possible future option of a sale of a full- service restaurant from the CRA. The restaurant will be planned and built to suit based on the potential tenant selected by the CRA Board. Background The CRA and City of Boynton Beach have invested millions of dollars to improve the downtown area. The City recently renovated and expanded its library at the western end of East Ocean Avenue. Additionally, the City has an RFP out for the redevelopment of the Old High School also at the western end of East Ocean Avenue. A successful proposal will help to activate the downtown area. Additionally, the CRA just completed a new amphitheatre where the CRA will hold over 20 events during the year. East of the proposed restaurant the CRA is completing another restaurant project that is expected to be up and running in February 2012. The CRA is also renovating the marina where Two Georges and Banana Boat are located. This is intended to bring tourists and visitors to the area. There is significant new residential development within the area with Marina Village, The Promenade, Las Ventanas and Seabourn Cove which are adding over 1,570 new housing units to east Boynton Beach. The Project The restaurant is to be housed in a to -be fully renovated earlyl 900's structure that is one of the oldest houses in Boynton Beach (See attached photos). It is situated at 211 E. Ocean Avenue. The location has direct access to the towns of Ocean Ridge and Gulf Stream. The building is situated on a large garden lot approximately 1/3 acre in size. The CRA has commissioned conceptual drawings to give potential proposers an idea of how the space can be utilized as a full- service restaurant with a kitchen, two handicap accessible restrooms, covered seating for up to 112, garden seating for up to 44, for a total seating count of 156 (See attached conceptual layout and rendering). Eleven on -site parking spaces can be accommodated on the property. However, City code does not require any parking and there is a City parking lot one lot over from the site (See attached aerial) The CRA is prepared to offer a five year lease with two optional five year terms. Rent terms are proposed to be structured as follows: Year 1 — No rent. Year 2 - $8 per gross building sq. ft. plus taxes and insurance and maintenance. Years 3 -5 — 5% increase on base rent plus taxes, insurance and maintenance. Years 6 -15 — Base rent shall be reset to market rent comparable to restaurants in the market area plus taxes, insurance and maintenance. The CRA is prepared to undertake the cost of the planning. improvements to the site, construction of the building exterior and intenor with an investment of 50% of the tenant build -out costs coming from the successful respondent. It is expected that the interior build -out will costs will be approximately $500,000 therefore the tenants share would be approximately $250,000. REQUIRED DOCUMENTATION FOR SUBMITTAL Any proposal submitted without all required documentation will be rejected and will not be considered by the CRA. In order for the CRA to consider a proposal the following required information must be received by the CRA no later than FRIDAY, JANUARY, 20, 2012 at 3:00 p.m. at the CRA offices located at 710 N. Federal Highway, Boynton Beach, 33435. No e -mail or fax submittals will be accepted. ALL DOCUMENTATION MUST BE SUBMITTED TO BE CONSIDERED A RESPONSIVE PROPOSAL! Documentation 1. Business Plan — Must include the following elements. a. Executive Summary b. Company Ownership c. Concept d. Market Analysis e. Marketing and Sales Strategy i. Sales Forecast — Monthly and Yearly f Management Summary g. Financial Plan 1 Start-up Funding - Sources ii. Important Assumptions - iii. Break -even Analysis iv Projected Profit and Loss — Monthly, Yearly, Gross Margin Monthly, Gross Margin Yearly Over a Five Year Period Projected Cash Flow Over a Five Year Period vi. Projected Balance Sheet Over a Five Year Period tiii. Business Ratios 2. Proof of Existence of Tenant's Share of Build -Out Funding (Include in Separate Envelope Marked Financials) — Forms of proof must be in the names of the principals. Acceptable forms of proof include but are not limited to a Bank Statements h, Retirement Accounts c. Approved Loan or Line of Credit 3. Proof of Available Working Capital for a Minimum of One Year (Include in Separate Envelope Marked Financials) — The amount must relate to the amount listed in the business plan. Acceptable forms of proof include but are not limited to: a Bank Statements b. Retirement Accounts c. Approved Loan or Line of Credit 4. Credit Reports for all Principals (Include in Separate Envelope Marked Financials) — cannot be older than 6 months. 5. 2010 and 2009 Personal Tax Returns for Principals - (Include in Separate Envelope Marked Financials) 6. 2010 and 2009 S -Corp or Corporate Tax Returns if Applicable (Include in Separate Envelope Marked Financials) The CRA staff will rank the qualified proposals on the following criteria: 1. Completeness of business plan. 2. Business concept and how it will advance the redevelopment of the downtown; i.e.; how is it different from other restaurants in the market area? How will it attract visitors, etc. 3. Financial strength of proposer based on submitted documentation. The CRA staff will make a recommendation to the Board and the Board will consider the proposals, at the regularly scheduled meeting TUESDAY, FEBRUARY 14, 2012 at 6:30 pm. All questions regarding this project should be addressed to Vivian Brooks at brooksvi@bbfl.us in writing only. Attachments: 1. 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" ' ., t, East Side —West Side — Seaside Renaissan 2010/2011 Boynton Beach Community Redevelopment Agency Commercial Interior Build -out Assistance Program Guidelines The Commercial Interior Build -out Assistance Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the CRA district. The program is designed to provide financial assistance to new and existing businesses in the form of a subsidy intended to reduce a business's initial costs associated with the construction and interior finishing of a new or expanding location. Applicants may be eligible for up to $15,000 to assist with the cost of commercial interior construction or renovations. The amount of funding is determined by the number of jobs created by the applicant. Each full -time equivalent job created is worth $5,000.00 in funding assistance from the CRA with a maximum grant award of $15,000. Businesses applying for financial assistance with the cost of interior build out must receive City of Boynton Beach Development Department and Building Department building permit approval. Program The Commercial Interior Build -out Program offers financial assistance in the form of a reimbursable grant to the landlord or business owner for eligible expenses associated with the construction or renovation of the interior elements of the operating space. Items eligible for funding under the program are limited to: 1. Interior walls 2. Interior plumbing 3. Interior electrical system including lighting 4. HVAC system 5. Flooring The Commercial Interior Build -out Program funding may be budgeted annually and awarded on a first - come, first -served basis. All applications are subject to CRA Board approval. Making application to the program is not a guarantee of funding. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Interior Build -out Program: 1. The business must be located within the CRA District's Central Business Core, Federal Highway Corridor or Heart of Boynton areas (see attached map). Initials 1 \,, t Page 1 of 5 T \PROGRAMS & GRANTS1Commerc al Interim Build -out Assistance Program \Web format Program Guidelines & Application \FY 2010- 2011\Revised 10 -1 -10 intenor Build -out Assistance Program Guidelines doc 2. The business must be properly licensed to operate within the City of Boynton Beach and Paim Beach County. 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defined as being in operation for a minimum of three years at the time of application. 5. An existing business must expand to occupy more than fifty percent (50 %) of its current square footage size. Verification of this threshold must be provided in the application package. 6. Applicant must own the building it plans to operate within or it must have a proposed or executed multi -year lease (two year minimum) 7 Businesses must employ a minimum of two (2) full -time equivalent W -2 employees of 1099 contracted employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward one of the required job positions. The following businesses will be considered automatically ineligible for assistance under the Commercial Interior Build -out Program a. Businesses that employ less than two full -time equivalent W -2 employees or 1099 contracted employees. b Businesses who do not report employee's wages to the State of Florida Department of Revenue c. New businesses identified as a "convenience store "' or "adult entertainment" use d New businesses using a D /B /A that has been used by another business within the past twelve (12) months Grant Terms and Conditions A commercial lease must define the landlord - tenant relationship and at minimum provide the following information: • A description of the space being rented including square footage and a drawing of the space. • Description of utilities that the tenant is responsible for. • Rental rate and deposits along with terms of lease and methodology for future rent increases. • Responsible party for interior and exterior repairs and /or improvements • Insurance requirements. Initials �0' Page 2 of 5 T \PROGRAMS & GRANTS\Commercial Interior Build -out Assistance Program \Web format Program Guidelines & Application \FY 2010-2011 \Revised 10 -1.10 tntenor Build -out Assistance Program Guidelines doc • Ability to terminate. • Consequences of default on the lease. The CRA reserves the right to approve or deny any Commercial Interior Build -out Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic development of the CRA District. Procedures for Application and Approval Application Process - All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: • Completed and signed application. • Copy of all business and occupational licenses. • Copy of the corporate documents for the applying business entity. • Copy of executed multi -year commercial lease agreement. • Landlord SSN or Tax ID. • Business plan, including executive summary and three -year financial projections of revenues and expenses. • Two (2) years of audited financials and corporate tax returns (for existing businesses only). • Two (2) years of tax returns for the owners of a new business. • Qualifications, experience and track records of business owners. • Copy of design and construction plans associated with the proposed improvements. • List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. Approval of Funding Request — Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month and staff will notify the applicant and landlord of approval or denial in writing. Initials 1 /j Page 3 of 5 T_\PROORAMS & GRANTSCommercial Interim Build -out Assistance Program‘Web format Program Guidelines & Application\FY 2010- 2011\Revised 10 -1 -10 Interior Build -out Assistance Program Gutdelines.doc Site Visits — CRA staff will conduct a site visit before the reimbursement payment is made in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Expense Reimbursement - This program is designed as a reimbursement grant That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request package The property owner, or tenant if applicable, must complete the interior improvement project, obtain a Certificate of Occupancy (CO) from the City of Boynton Beach and submit for reimbursement within 180 days of the grant award. Failure to complete the improvements within the specified timeframe will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions Reimbursement Request shall be summarized in a report and accompanied by proper documentation Proper documentation will consist of: (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release u1 lien" signed by each Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face: of the check, as well as the back of the canceled check, (2) Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, matenals, related fees and permits, and (3) Application for reimbursement shall provide a minimum of four 3 "x5" color "during photos and a minimum of four 3 "x5" color "after" photos of the Project Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed and paid for after the grantee has received notification that the Grant Application has been approved by the CRA. Any work completed prior to receiving grant approval is ineligible for reimbursement. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Commercial Interior Build -out Assistance program will only honor new expenditures that have not been submitted under other grant programs. The Commercial Interior Build -out Assistance program may only be used one time in any five year period for any one specific commercial unit or business entity. Businesses are limited to one Commercial lntenor Build -out Assistance Program award. Grantees shall allow the CRA the rights and use of photos and project application materials. Initials Page 4 of 5 T \PROGRAMS & GRANTS\Commercial Interior Build -out Assistance Program \Web format Program Guidelines & Applicauon\fY 2010-2011 \Revised 10 -1 -10 Interior Build -out Assistance Program Guidelines dor Reporting — By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with proof of employee wage reporting during the two years following completion of the project to verify that the required job positions are properly fulfilled and maintained. For W -2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report (UCT -6) for each consecutive quarter must be submitted. For sole proprietorships, partnerships, s- corporations, or any other entity that elect to pass through taxable income to business owners and the business owner(s) are one or more of the listed employees for application purposes, an 1040ES payment voucher or proof of electronic payment is required. Quarterly payments must be made before the due dates or any penalties for late filings must show as paid. If the business owner elects to file the 1040 -ES annually, the CRA must receive a copy of the filing no later than two weeks after the IRS deadline. If the business owner does not qualify for estimated tax reporting, an Estimated Tax Worksheet from IRS form 1040 -ES must be submitted along with the prior year's tax return (if not already submitted). For 1099 -MISC eligible employees, IRS Miscellaneous Income form (1099 -MISC) must be submitted annually to the CRA before February 28 of the following year. SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING I acknowledge that I have read and understand the Commercial Interior Build -out Assistance Program Guidelines as set forth above and agree to comply with its content. J ll'((l Applicant/Te i t's ignature Date R t 1--YVI 0 II wvv Printed Name Title Applicant/Tenant's Signature Date Printed Name Title Page 5 of 5 T:\PROGRAMS & GRANTS\Commercial Interior Build -out Assistance Program\ Web format Program Guidelines & Application\FY 2010 - 2011 \Revised 10 -1 -10 Intenor Build-out Assistance Program Guidelines doc 19Y1\ I I ,C R f IIII East Side--West Side — Seaside Renaissance 2010/2011 Boynton Beach Community Redevelopment Agency Commercial Interior Build -out Program Application (Please Type or Print Only -- Use Additional Sheets if Necessary) Applicant Name . v, .A Applicant Mailing Address: Business Name (D /B /A if applicable) Business Address. Phone .. _ Fax Email: y Fed ID # Time at Location Monthly Rent Do you have an executed lease agreement Yes No _ _ Landlord Name. > . �u - - Landlord SSN/EIN• Landlord's Mailing Address: Was this business previously located at another site:Yes No Dates _ Previous Business Address (if applicable ). , „ New Business: Yes No _ Existing Business: Yes No ^_ Square footage of existing location , Square footage of new location. lnttials1 t, y Boynton Beach Community Redevelopment Agency Page 1 of 4 915 S. Federal Highway, Boynton Beach, FL 33435 Office 561-737-3256 Fax: 561 -737 -3258 Type of Business: h,1 a Gt , I ( 411 4 Number of Employees: Hours of Operation: S U vN - 5 6% G' Are you applying for grant assistance under any other program offered by the CRA: Yes -/ No If yes, what additional programs are you applying for: C 4/ ,' c L r., ", f &+- d.A , vz G f Iv ht J L` 1 Are you receiving grant assistance from any other governmental agencies: Yes No --- If yes, list any aditional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Interior Build -out Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Interior Build -out Program Guidelines. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. 1 further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application is found to be incomplete, it will not be processed. SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING Initial §, v/ Boynton Beach Community Redevelopment Agency Page 2 of 4 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561- 737 -3256 Fax: 561- 737 -3258 / I 4 4,1 4. Applicant/ e lanes Signature Date Printed Name Title Applicant/Tenant's Signature Date Printed Name Title STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an o duly authl b1,:w to administer oaths and take acknowledgements, personally appeared di fffi , who is personally known to me or produced "C 0, 4 1 • as identification, and acknowledged he/she executed the oregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed IN WITNESS OF THE(TEGOING, I lave set 7 hand and 4ficial seal in the State and County aforesaid on this 1) — day of ANS" I , 201 ( UL Csct NOTA ' Y PUBLIC — ; My Commission Expires: SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING Boynton Beach Community Redv,elopment Agency Page 3 of 4 915 S Federal Highway, Boynton Beach, FL 33435 Office 561-737-3256 Fax. 561-737-3258 r 6--- #/ Property Owner's tore D ate Printed Name Title Property Owner's Signature Date Printed Name Title ` fly. STATE OF _1,41 I COUNTY 0 F .11 w. /. v ` - gr..- BEFORE ME, an offi iit duly .uthpized bylaw to administer oaths and take acknowledgements, personally appeared ' O ) al I 0 , who is personally known to me or produced _ g t as identification, and acknowledged he/she executed the foregoing ''greement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THEE GOING, I ave set,m hand and ficial seal in the State and County aforesaid on this -j ' day of ► , 20 f + . r Noiery Pu s c, Florida :.i Comm J 0D 1 t)t)74 tat 6869 , C\-)1-1-.- CCI- -----___ My comm. expires Jan. 08, 2012 NOTARY PUBLIC - ...� My Commission Expires: SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING Boynton Beach Community Redevelopment Agency Page 4 of 4 915 S. Federal Highway, Boynton Beach, FL 33435 Office 561- 737 -3256 Fax: 561-737-3258 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 14, 2011 VII, Announcements & Awards: A 4 of July - Salute to Independence Kathy Biscuiti, Special Events Director, announced the 4th of July event would be held at Intracoastal Park. The park opens at 6 p.m. At 6:30 p.m., the Amber Leigh Band, a local favorite, will perform. At 7:30 p.m., the Patriotic Salute with the City Commission, Fire Honor Guard and a vocalist singing the National Anthem will take place. The Band would resume until 9 p.m. when Fireworks by Grucci would commence, choreographed to music, The event was a family event with food and drink vendors on site. No pets are allowed, and attendees should bring chairs and blankets. All were invited to attend. VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting May 10, 2011 This item was pulled by Ms Brooks B. Approval of Period Ended May 31, 2011 Financial Report C Monthly Purchases Over $10,000 D. Approval of Two Month Extension of Lease for CRA Office at 915 South Federal Highway This item was pulled by Mr Hay E. Approval of Interior Build -out Grant to Palm Orthopaedic Institute, Inc. This item was pulled by Mr. Karageorge. F. Approval of Rent Subsidy Grant to Palm Orthopaedic Institute, Inc. G. Approval of Commercial Facade Grant to Rainbow Colors, Inc. This item was pulled by Mr. Karageorge. H. Approval of Interior Build -out Grant to Rainbow Colors, Inc IX. Pulled Consent Agenda Items A. Approval of Minutes — CRA Board Meeting May 10, 2011 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 14, 2011 This item was pulled due to a correction on the letter sequencing. Items VII, Old Business, F, G, and H, should be Items E, F and G respectively. Motion Mr. Karageorge moved to approve. Ms. Ross seconded the motion. The motion passed unanimously. D. Approval of Two -Month Extension of Lease for CRA Office at 915 South Federal Highway Mr. Hay questioned the need for the extension, what effect on the overall cost it would have, or if it had any impact. Vivian Brooks, Executive Director, explained the roof support system for the new office was not tied down and the back wall had no support. There were items found that were not anticipated and it was realized the plans had to be redesigned. The landlord opted for a more modem design. The redesign will not affect the cost to the CRA, which was set by the lease as the landlord was bearing all the costs for the exterior changes. The tease for their current office was extended due to the changes to the plans and having to resubmit them. Motion Mr. Hay moved to approve. Ms. Ross seconded the motion. The motion passed unanimously. E. Approval of Interior Build -out Grant to Palm Orthopaedic Institute, Inc. Mr. Karageorge thanked the applicant, who was present at the meeting, for bringing her business to the City. He inquired if the applicant planned to add additional employees, to which the applicant responded she was. Maga Mr. Karageorge moved to approve. Mr. Hay seconded the motion. The motion passed unanimously. G. Approval of Commercial Facade Grant to Rainbow Colors, Inc. Mr. Karageorge thanked the applicant, who was also present at the meeting, for locating in Boynton Beach and commented it was a great asset to have the company in the industrial base. 4 it 0.40 BOYNTON BEACH CRA BOARD MEETING OF: November 8, 2011 X Consent Agenda 1 I Old Business I I New Business I I Legal I ( Other SUBJECT. Approval of Commercial Rent Subsidy Program Grant to GPS PEO, Inc. SUMMARY: The Commercial Rent Subsidy Grant Application and Guidelines provide eligible new or existing businesses with rent payment assistance for a maximum period of twelve months within the first eighteen months of a multi -year lease. The Commercial Rent Subsidy Program offers financial assistance in the form of rent payment subsidy for up to half of the business's monthly rent or $600.00 per month (whichever is less) for the first twelve months of a multi -year lease. The maximum total subsidy per business is $7,200.00. GPS PEO, Inc. is an existing business within the CRA District which has expanded to occupy more than 50% of its square footage size located at 1100 South Federal Highway, Suite #4, Boynton Beach, FL. GPS PEO, Inc. meets the eligibility requirements and the standards for financial risk assessment under program guidelines (see attached analysis). FISCAL IMPACT: Project Fund Budget Line Item 02 -58400 -444 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve a Commercial Rent Subsidy Program Grant award to GPS PEO, Inc. not to exceed $7,200.00. /------ Vivian : rooks Executive Director r t - ,ei -k ; - : i, .1, ' *-; 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program Guidelines The Commercial Rent Subsidy Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the CRA District. The program is designed to provide financial assistance to new and existing businesses in the form of a rent subsidy intended to help businesses during the critical first year of operation. I. Proeram The Commercial Rent Subsidy Program offers financial assistance in the form of rent payment subsidy for up to half of the business's monthly rent or $600.00 per month, whichever is less. The time period of eligibility for assistance is up to twelve months within the first eighteen months of a multi -year lease. The maximum total subsidy per business is $7,200.00. Commercial Rent Subsidy Program funding must be budgeted annually and will be awarded on a first -come, first -serve basis. All applications are subject to CRA Board approval. Making application to the program is not a guarantee of funding. IL Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Rent Subsidy Program: 1. The business location must be within the CRA District's Central Business Core, Federal Highway Corridor or Heart of Boynton areas (see attached map). 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defined as being in operation for more than three years at the time of application 5. An existing business must expand to occupy more than fifty percent (50%) of its current square footage size. Verification of this threshold must be provided in the application package. */ Page 1 of 8 710 N. Federal Highway Boynton Beach, FL 33435 initi4E V Phone 561- 737 -3256 Fax 561- 737 -3258 s www.bovntonbeachcra.com Ci 6. Applicant must own the building it plans to operate within or it must have an executed , multi -year lease (two year minimum). V 7. Businesses must employ a minimum of two (2) full -time equivalent W -2 or 1099 contracted employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward one of the required job positions. The following businesses are considered ineligible for assistance under the Commercial Rent Subsidy Program: a. Businesses that employ Tess than two full -time equivalent W -2 employees or 1099 contracted employees. b. Businesses who do not report employees' wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store" or "adult entertainment ". d. New businesses using a D/B /A that has been used by another business within the past twelve (12) months. III. Grant Terms and Conditions A commercial lease must define the landlord- tenant relationship and at minimum provide the following information: • A description of the space being rented including square footage and a drawing of the space. • Description of utilities that the tenant is responsible for. • Rental rate and deposits along with terms of lease and methodology for future rent increases. • Responsible party for interior and exterior repairs and /or improvements. • Insurance requirements. • Conditions of lease termination. • Consequences of default on the lease. Rent subsidies will not be paid until all construction has ended, occupational license is issued and the business in open for operation. The CRA will issue reimbursement to the applicant directly for the monthly rent payment made to the Landlord upon receipt and verification that the payment has been cleared by the bank. Initial �' Page 2 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 56I- 737 -3258 www.bovntonbeachcra.00m The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor, the CRA neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party The Commercial Rent Subsidy program may only be used one time by any one specific business entity or business owner. The CRA reserves the right to approve or deny any Commercial Rent Subsidy Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic development of the CRA District The receipt of past payments is not a guarantee of future subsidy payments. IV. Procedures for Application and Approval Application Process All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: Complete and signed application. / 2. Copy of all business and occupational licenses. ✓'° 3. Copy of the corporate documents for the applying business entity. *' 4 Copy of executed or proposed multi -year commercial lease agreement. y' 5. Landlord SSN or Tax 1D, 6. Business plan, including executive summary and three -year financial projections of revenues and expenses. 7 Two (2) years of audited financials and corporate tax returns (for existing businesses only). 8. Two (2) years of personal tax returns for the owners of a new business. Qualifications, experience and track records of business owners. .1, hws'iat iS Pi" 10. List of jobs to be created including job descriptions, pay range and weekly —.; schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. I niti�IS� ,` Page 3 of 8 710 N. Federal Eiighwa :' Boynton Beach, FL 33435 Phone 561 -737 -3256 Fax 561- 737 -3258 www.boyntonbeachcra.com Approval of Funding Request — Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. It is recommended that Applicant attend the CRA Board Meeting in order to answer any questions the CRA Board may have regarding their application. CRA Staff will notify the applicant of approval or denial in writing. Proposed leases must be executed within thirty (30) days of CRA Board approval or the grant award is terminated. Rent Subsidy Payments — Rent Subsidy payments will begin at the beginning of the first full month that the business is open for operations subsequent to CRA Board approval. A maximum of twelve (12) consecutive monthly rent payments will be reimbursed to the approved applicant. Site Visits — CRA staff will conduct a site visit before subsidy payments begin in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Mandatory Reporting — By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with proof of employee wage reporting during the time period that the subsidy payments are being made. Failure to provide the reports to the CRA within two weeks of the date they are submitted to the Florida Department of Revenue and/or the IRS will result in immediate disqualification from the program. For W -2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report (UCT -6) for each consecutive quarter must be submitted. For sole proprietorships, partnerships, s- corporations, or any other entity that elect to pass through taxable income to business owners and the business owner(s) are one or more of the listed employees for application purposes, an 1040ES payment voucher or proof of electronic payment is required. Quarterly payments must be made before the due dates or any penalties for late filings must show as paid. If the business owner elects to file the 1040 -ES annually, the CRA must receive a copy of the filing no later than two weeks after the IRS deadline. If the business owner does not qualify for estimated tax reporting, an Estimated Tax Worksheet from IRS form I040 -ES must be submitted along with the prior year's tax return (if not already submitted). For 1099 -M1SC eligible employees, IRS Miscellaneous Income form (1099 -MISC) must be submitted annually to the CRA before February 28 of the following year. Proof of cleared checks showing employee payments along with a statement of service provided by the employee must be submitted no later than two weeks after the end of each quarter (April 30, June 30, September 30, and December 31). Discontinuation of Payment — The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent subsidy payments at any time according to its sole and absolute discretion. Initia Page 4 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561 - 737.3256 Fax 561- 737 -3258 www.bovntonbeachcra.com 7 tT k r s a I 1 4 Y 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program Application (Please Type or Print Only (,se Additional Sheets if Necessary) Applicant Name: p3 lir U ,t,► Applicant Mailing Address: / / cx> . o.,` +h Fecf erq i /1 S6.�f 4optr494 /Jtec..4 emac. .3 5ce, - 7` Business Name (D /B /A if applicable): Current Business Address: /iv° • /e°dfra f M&..) ' S> 4 60 /.3aa‘k_ C & 3 3 YSS Phone: {,, - 7S Z - L4{4( I - Fax: .5 (p 3 _ Email: Er.* ( 3eseeo • oc>0. Fed ID# 7 - Y74 7 78$ Time at Current Location: 7 -. / t $ Monthly Rent: / 3 7f3 Do you have an executed lease agreement: Yes " No Landlord Name: o } v . - .w G. Landlord SSN /EIN: (26 -.Z Pi 1461 _ Landlord's Mailing Address: P. o. '3p4' 99 4 l3orn?an ac. /ct, , c 3 3Yj, New Business Address (if applicable ): New Business to Boynton Beach: Yes y No Existing Business: Yes No Number of years in existence: Square footage of existing location Square footage of new location P 2 56 59 Initial Page 5 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonbeachcra.com Type of Business: >: om L_ ect5 i n Number of Employees: .,. Hours of Operation: 9 : oo mot .5 : Oa , oft Are you applying for grant assistance under any other program offered by the CRA: Yes 1 /No 4 ' 1f yes, what additional programs are you applying for: 5; q.. a J.,,f,....d.wa.,,.f c..i . -+- n-�er : .ad' k1s..: ido „..1 5; /r+ee dam) Are you receiving grant assistance from any other go.vemmental agencies: Yes No .. If yes, list any aditional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program. and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he /she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. 1 understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. Initi 4 0, 0 Page 6 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561 -737 -3258 www.boyntonbeachcra.com SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines 1:21 _4.3 Applicant/Tenant's S Date Printed Name Title Applicant/Tenant's Signature Date Printed Name Title STATE OF FLO Vai W\ '5en , ci COUNTY OF ud�+' ` BEFORE ME, an officer duly authorized by law t . adm'nister oaths and take acknowledgements, personally appeared ] Yv • (D I V S << who is personally known to me or produced c tDktd.Q Vr1er WP.'G as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this li day of O(,{DIO1V , 20 . APP A And ...,_ ' OT C ' Y UBLIC My Commis-"on Expires: KNI5 T171 CNIAPP181 ". Notary mm PiHc - st of orin r MY Co. Expires Fte t. 2014 '4 . d :' Commipion # EE 0000E Page 7 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonbeachcra.com SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. d oetAz(..%( /e ( Pro erty Owner' Signature Date � A U r .e � , / (`��lG ilj•a ,44 4(..44 4, Af.t w 4.er Printed Name Title 512.ks Lot tie( 4 LL Property Owner's Signature Date Printed Name Title STATE OF F LO Q + 1) COUNTY OF ?Cot li n -6 etr t BEFORE ME, an officer duly authorized by law to ad inister oaths and take acknowledgements, personally appeared y , t.el Lev, S e who is personally known to me or produced Ft—. 1).2•QC -- L La c -e as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this 1 1 '` day of ('i ce •, .ef , 20 11. TRY LIC My ommission res: t ' • GREG 11110110010 ` t . , Notary Pula • Stab of Norrl&n s • WV Comm. Expires Mu ll, 2014 } _ Commission 100 176104 °F • Bonded Through Modal NellryAw. Page 8 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561 - 737 -3258 www. bovnton beachcra.com . . x . 47 !.. , ••': :14. . . . . ... 1--- - 00). e wi\ L',..., r ,, ,..... ---1--4 - )! 1 [.,...-- ..... , I ■ T — ''' 1 , r t , , t , tt \ - - 1 ' 1 1 •41=• • 1-- ' m _.4.- L.4..,k_ _...L.;. 1 .-- 11 -.. .•.-. 1 , --- v,, F-- ,,,-- 1 17 2 --- - a;:= - - 1-- > ---, dt- , ... - r- , , c , 1 • 1 - .- ...... ■ 1.- -427 '.„C 1 -1 ,: . ...71 ; •1 , A , : ., , ' ' ' _ r ($k z ' '\, L ) 1 2 4 - C A) 1 2 ... C\ O L , o v- --- ti 71' ' 4 L./ ( 2- -J .,\ 1' , 4 ,.,_ , , FrerA4 a oe f . 4. Risk Analysis for GPS PEO Inc Weighted Factor Grade Weight Grade Business Plan Completeness of Application 75 40 30 Understanding of Financials 50 38 19 Business Plan Score (50% of Total Score) Owner Resume 85 34 28 9 120 out of 200 possible Management Plan 45 32 14 4 60.00% Understanding of Market 35 29 10 15 Sales /Marketing Plan 65 27 17 55 Financials Pro -Forma 75 20 15 Net Income 70 25 17 5 Gross Margin 60 22 13 2 Profit Margin 55 15 8 25 Financials Score (50% of Total Score) Operating Income 70 15 10 5 112 65 out of 200 possible Contribution Margin 95 20 19 56.33% Long Term Solvency 0 13 0 Return on Assets 45 10 4 5 Current Ratio 0 17 0 Retained Earnings 70 10 7 Working Capital 40 18 7 2 Breakeven 70 15 10 5 Total Score 1 58.16% Scale 90% - 100% = Exceptionally Well 80% - 89.99% = Better than expected 70% - 79.99% = Strong Stability 60% - 69.99% = Stability 50% - 59.99% = Passing 40% - 49.99% = Some Uncertainty 30% - 39.99% = Uncertainty 20% - 29 99% = Problematic 10% - 19.99% = Weakness 0% - 9 99% = Fault Risk Analysis Rent Subsidy, New Business. Service 2011 Pro -Forma Income Statement GPS PEO Inc For 2012 through 2015 (all numbers in $000) REVENUE 2012 2013 2014 2015 Gross sales $5,101 $5,611 $6,172 $6,789 Less Returns 0 $0 $0 $0 Net Sales $5,101 $5,611 $6,172 $6,789 COST OF SALES Beginning inventory $1 $4,884 $5,323 $5,802 Plus goods purchased / manufactured 4,883 438 479 522 Total Goods Available $4,884 $5,323 $5,802 $6,324 Less ending inventory 0 0 0 0 Total Cost of Goods Sold $4,884 $5,323 $5,802 $6,324 Gross Profit (Loss) $216 $288 $370 $465 OPERATING EXPENSES Selling Salaries and wages $87 $111 $198 $341 Payroll Tax 10 13 $23 $29 Advertising 1 $1 $1 $1 Depreciation 1 $1 $1 $0 Billing & Other Operational Expenses 0 $0 $0 $0 Total Selling Expenses $99 $126 $222 $371 General /Administrative Legal & Accounting $0 $0 $0 $0 Technologies 0 $0 $0 $0 Disposal & Maintenance 0 $0 $0 $0 Insurance 2 $2 $2 $2 Rent 17 14 17 17 Utilities 6 $6 $6 $6 Licenses & Tax 2 $2 $3 $3 Office supplies 6 $6 $6 $7 Travel & entertainment 1 $1 $1 $1 Printing, Postage, Services 0 $0 $0 $0 Equipment maintenance & rental 4 $4 $4 $4 Other Start Up Costs 0 $0 $0 $0 Fees 1 $1 $1 $1 Total General /Administrative Expenses $37 $35 $39 $40 Total Operating Expenses $137 $161 $261 $411 Net Income Before Taxes $80 $127 $109 $54 Taxes on income 0 0 0 0 Net Income After Taxes $80 $127 $109 $54 Extraordinary gain or Toss $0 $0 $0 $0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) $80 $127 $109 $54 _ - -- GPS PEO Inc Reprod + estfr_c�_m Busin _Plan Net Income. What are Revenues after all costs, liabilities and taxes? 2012 2013 2014 2015 2016 $82,053 $125,223 $109,270 $51,979 $202,722 ) Gross Margin How much revenues are left after costs of goods sold'? 2012 2013 2014 2015 2016 4 26% 5.13% 5 99% 6 85% 7 70% Profit Margin #1: (given ratio) How much revenues are profit'? 2012 2013 2014 2015 2016 4 30% 5 10% 6 80% 6.80% 7 70% Profit Margin #2 (calculated from net income statement How much revenues are profit? 2012 2013 2014 2015 2016 1 61% 2.23% 1 77% 0 77% 2 71% Operating Income: What are revenues after all costs? 2012 2013 2014 2015 2016 $82,053 $125,223 $109,270 $57,754 $225,247 Contribution Margin: How much revenue goes to fixed costs? 2012 2013 2014 2015 2016 3.95% 4 79% 5 71 % 6 63% 7 47% Return on Assets: (given ratio) How efficient are assets? 2012 2013 2014 2015 2016 (52 1%) (359 9 %) unknown unknown 747 1% , Return on Assets #2: (calculated from balance sheet) How efficient are assets? 2012 2013 2014 2015 2016 1269.97% (745 73 %) (401 51%) 172.75% 98.32% Retained Earnings: How much is left to reinvest into the business? 2012 2013 2014 2015 2016 $81,270 $124,439 $108,486 $57,303 $224,797 Working Capital: How much is left after short-term costs are paid'? 2012 2013 2014 2015 2016 $3,994 ($18,476) ($28 115) $29,639 $206,178 Breakeven: How much must be sold to cover operation costs? 2012 2013 2014 2015 2016 $3,023,459 $2,997,086 $4,258,582 $5,917,947 $4,451,214 BOYNTON ''"''"`BEACH CRA BOARD MEETING OF: November 8, 2011 X 1 Consent Agenda 1 Old Business I I New Business I I Legal 1 1 Other SUBJECT: Approval of Commercial Rent Subsidy Program Grant to The Law Offices of Angelo A. Gasparri, LLC d/b /a Debt Relief Law Center of PBC ( "Debt Relief Law Center of PBC ") SUMMARY: The Commercial Rent Subsidy Grant Application and Guidelines provide eligible new or existing businesses with rent payment assistance for a maximum period of twelve months within the first eighteen months of a multi -year lease. The Commercial Rent Subsidy Program offers financial assistance in the form of rent payment subsidy for up to half of the business's monthly rent or $600.00 per month (whichever is less) for the first twelve months of a multi -year lease. The maximum total subsidy per business is $7,200.00. The Debt Relief Law Center of PBC is moving its existing business from 1616 NW 2nd Avenue, Boca Raton, FL to 1080 South Federal Highway, Boynton Beach, FL. The Debt Relief Law Center of PBC meets the eligibility requirements and the standards for financial risk assessment under program guidelines (see attached analysis). FISCAL IMPACT: Project Fund Budget Line Item 02 -58400 -444 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve a Commercial Rent Subsidy Program Grant award to The Law Offices of Angelo A. Gasparri, LLC d/b /a Debt Relief Law Center of PBC not to exceed $7,200.00. C ( / (e7 4 9 7 d6 1 4 Vivian Brooks Executive Director BOYNTON CID —BEACH Lorki A 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program Guidelines The Commercial Rent Subsidy Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the CRA District. The program is designed to provide financial assistance to new and existing businesses in the form of a rent subsidy intended to help businesses during the critical first year of operation. I. Program The Commercial Rent Subsidy Program offers financial assistance in the form of rent payment subsidy for up to half of the business's monthly rent or $600.00 per month, whichever is less. The time period of eligibility for assistance is up to twelve months within the first eighteen months of a multi -year lease. The maximum total subsidy per business is $7,200.00. Commercial Rent Subsidy Program funding must be budgeted annually and will be awarded on a first -come, first -serve basis. All applications are subject to CRA Board approval. Making application to the program is not a guarantee of funding. II. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Rent Subsidy Program: 1. The business location must be within the CRA District's Central Business Core, Federal Highway Corridor or Heart of Boynton areas (see attached map). 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defined as being in operation for more than three years at the time of application. 5. An existing business must expand to occupy more than fifty percent (50 %) of its current square footage size. Verification of this threshold must be provided in the application package. Initials 4 Page 1 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www noyntonbeacncra_Lo r 6. Applicant must own the building it plans to operate within or it must have an executed multi -year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full -time equivalent W -2 or 1099 contracted employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward one of the required job positions. The following businesses are considered ineligible for assistance under the Commercial Rent Subsidy Program: a. Businesses that employ less than two full -time equivalent W -2 employees or 1099 contracted employees. b. Businesses who do not report employees' wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store" or "adult entertainment ". d. New businesses using a D/B/A that has been used by another business within the past twelve (12) months. III. Grant Terms and Conditions A commercial lease must define the landlord -tenant relationship and at minimum provide the following information: • A description of the space being rented including square footage and a drawing of the space. • Description of utilities that the tenant is responsible for. • Rental rate and deposits along with terms of lease and methodology for future rent increases. • Responsible party for interior and exterior repairs and/or improvements. • Insurance requirements. • Conditions of lease termination. • Consequences of default on the lease. Rent subsidies will not be paid until all construction has ended, occupational license is issued and the business in open for operation. The CRA will issue reimbursement to the applicant directly for the monthly rent payment made to the Landlord upon receipt and verification that the payment has been cleared by the bank. /I/ Initials 4 % Page 2 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonbeachcra.com The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor, the CRA neither bears nor accepts any responsibility fog payment of rent at any time, nor penalties incurred for the late arrival of payments by any party The Commercial Rent Subsidy program may only be used one time by any one specific business entity or business owner. The CRA reserves the right to approve or deny any Commercial Rent Subsidy Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic development of the CRA District. The receipt of past payments is not a guarantee of future subsidy payments. IV. Procedures for Application and Approval Application Process All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation 1 Complete and signed application. 2. Copy of all business and occupational licenses. 3. Copy of the corporate documents for the applying business entity. 4. Copy of executed or proposed multi -year commercial lease agreement. 5. Landlord SSN or Tax ID. 6. Business plan, including executive summary and three -year financial projections of revenues and expenses 7. Two (2) years of audited financials and corporate tax returns (for existing businesses only). 8. Two (2) years of personal tax returns for the owners of a new business. 9. Qualifications, experience and track records of business owners. 10. List of jobs to be created including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. rl Initials ,1 4.: Page 3 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www boyntonbeacncra.con Approval of Funding Request — Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. It is recommended that Applicant attend the CRA Board Meeting in order to answer any questions the CRA Board may have regarding their application. CRA Staff will notify the applicant of approval or denial in writing. Proposed leases must be executed within thirty (30) days of CRA Board approval or the grant award is terminated. Rent Subsidy Payments — Rent Subsidy payments will begin at the beginning of the first full month that the business is open for operations subsequent to CRA Board approval. A maximum of twelve (12) consecutive monthly rent payments will be reimbursed to the approved applicant. Site Visits — CRA staff will conduct a site visit before subsidy payments begin in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Mandatory Reporting — By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with proof of employee wage reporting during the time period that the subsidy payments are being made. Failure to provide the reports to the CRA within two weeks of the date they are submitted to the Florida Department of Revenue and/or the IRS will result in immediate disqualification from the program. For W -2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report (UCT -6) for each consecutive quarter must be submitted. For sole proprietorships, partnerships, s- corporations, or any other entity that elect to pass through taxable income to business owners and the business owner(s) are one or more of the listed employees for application purposes, an 1040ES payment voucher or proof of electronic payment is required. Quarterly payments must be made before the due dates or any penalties for late filings must show as paid. If the business owner elects to file the 1040 -ES annually, the CRA must receive a copy of the filing no later than two weeks after the IRS deadline. If the business owner does not qualify for estimated tax reporting, an Estimated Tax Worksheet from IRS form 1040 -ES must be submitted along with the prior year's tax return (if not already submitted). For 1099 -MISC eligible employees, IRS Miscellaneous Income form (1099 -MISC) must be submitted annually to the CRA before February 28 of the following year. Proof of cleared checks showing employee payments along with a statement of service provided by the employee must be submitted no later than two weeks after the end of each quarter (April 30, June 30, September 30, and December 31). Discontinuation of Payment — The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent subsidy payments at any time according to its sole and absolute discretion. Initials ...z Page 4 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonbeachcra.com BOYNTON =BEACH v'1/4,...INs 2011/2012 Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program Application (Please Type or Print Only — Use Additional Sheets if Necessary) Applicant Name: i4m 4 64--sp4izk.i Applicant Mailing Address: 26 Am/ S'neerr BccA- FL. 3S 4S Business Name (D/B/.A if applicable): ' Lktiv r-cices pc-- 4,,A6eto A- G A-SP A j b f 4 1)E (4W Cr P8C- Current Business Address: 6t(e) ' 2P ( A v e ) 3er 4 att-ft) FL 3 -343 L Phone: L(7-ftjctec, Fax 561 —CI '35- ci 1 30(0 Email: awkelo e dC tO¼J OM FedtD# 2(.1e= 963(e) Time at Current Location: /3 AlcAlatS Monthly Rent: Do you have an executed lease agreement: Yes V No Landlord Name: Co a R) g..A Landlord SSN/EIN: 51- t q i3 q Landlord's Mailing Address: -4 3'3 1 0 ut T u IQ OZ./ C., 1 U, L/ 1) bo 3 ?)4 N Business Address (if applicable ) 1 11 16,_ IMO 2 New Business to Boynton Beach: Yes V No__ Existing Business: Yes No _ Number of years in existence: Square footage of existing location 400 Square footage of new location C.)'Y.c? • Initials ... Page 5 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 www boyntonbeachcra Coil Type of Business: L A4./ Number of Employees: Hours of Operation: Q41 '" If'$4 Are you applying for grant assistance under any other program offered by the CRA: V Yes V No If yes, what additional programs are you applying for: t e - C- P ut LAD G U-V S l G f1/43 Ao / Are you receiving grant assistance from any other governmental agencies: Yes No 't/ If yes, list any aditional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he /she is aware of the fact that he /she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. 1 further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. ;fi Initials I Page 6 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.bovntonbeachcra.com SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines 0 C e 1 Z0 ry 1, i n Appl nant's Si ature q Date Printed Name1 Ti Applicant/Tenant's Signature Date Printed Name _ -`- - - -- _ - - - - -_ Title ' - -- -- - -_` - -- STATE OF FLORI COUNTY OF C)N1 BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared Lc, Ct.3 'r who is personally known to me or produce 1—00T, o) l; ve ; as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this ‘01 day of 0 e„.4 r , 20 it. /1 I iu , MA ' MOW , jTARY 'UBLIC t r 1 Nary Pubfc . ( , sion Expires: ,'►'l r t d_ > 4 2.4) I'f> , �' My Comm. Expires Mu 27, 2015 ..q; ; t:... Commission 0 EE 71309 Page 7 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 ww boyntonbeachcra con SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. ' `- /1!)—/ 9 -- ao // O..- Propert ca ner' Si: re Date Pri ted Name Title Property Owner's Signature Date Printed Name Title STATE OF flo ri d a. COUNTY OF P Bea h BEFORE ME, an officer duly authorized by law to administer oaths and take acknowled_e - 6 . - ovally appeared A PJ9 e.. L. 0 S. GAS F� r r i , who i s personally kno , to me or produced DP. Li C . as identifica ion, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this 1 ? day of n c. ro be r , 20 1 . „ ,moat.. OTARY PUBLIC My Commission Expires: 1 l/a 7/20 1'i o ra* °V ry Publi State ? Sandra L Romadka c of Flonda VII a• My Commission EE043120 ��oin°�� Expires11 /27/2014 Page 8 of 8 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561- 737 -3258 8_i VI )I tft ,cli < Lon Risk Analysis for Debt Relief Law Center of Palm Beach County _ry. Weighted Factor Grade Weight Grade Business Plan Completeness of Application 90 40 36 i Understanding of Financials 85 38 32 3 Business Plan Score (50% of Total Score) Owner Resume 90 34 30 6 165 15 out of 200 possible Management Plan 80 32 25 6 82.58% Understanding of Market 75 29 21 75 Sales /Marketing Plan 70 27 18 9 Financials Pro -Forma 90 25 22 5 Net Income 85 25 21 25 Profit Margin 80 21 ' 16 8 Financials Score (50% of Total Score) Operating Income 85 25 21 25 128 45 out of 200 possible Contribution Margin 65 23 14 95 64.23% Degree of Operating Leverage 65 20 13 Current Ratio 0 19 0 Working Capital 0 20 1 0 Breakeven 85 22 1 , 1 7 Total Score ( 73.40% Scale 90% - 100% = Exceptionally Well 80% - 89.99% = Better than expected 70% - 79.99% = Strong Stability 60% - 69 99% = Stability 50% - 59.99% = Passing 40% - 49.99% = Some Uncertainty 30% - 39.99% = Uncertainty 20% - 29.99% = Problematic 10% - 19.99% = Weakness 0% - 9 99% = Fault Risk Analysis, Rent Subsidy, New Business, Service 2011 Pro -Forma Income Statement Debt Relief Law Center of Palm Beach County For 2011 through 2014 (all numbers in $000) REVENUE 2011* 2012 2013 2014 Gross sales $147 $258 $315 $350 Less Returns 0 0 0 0 Net Sales $147 $258 $315 $350 COST OF SALES Beginning inventory $0 $0 $0 $0 Plus goods purchased / manufactured 0 0 0 0 Total Goods Available $0 $0 $0 $0 Less ending inventory 0 0 0 0 Total Cost of Goods Sold $0 $0 $0 $0 Gross Profit (Loss) $147 $258 $315 $350 OPERATING EXPENSES Selling Salaries and wages 48 109 126 144 Employee Benefits 0 0 0 0 Advertising 13 18 19 19 Depreciation 0 0 0 0 Owner withdrawals 1 0 0 0 Total Selling Expenses $63 $127 $145 $163 General /Administrative Miscellaneous 1 1 1 1 Technologies 5 2 2 3 Cont Ed, Dues, Subscriptions 3 1 1 1 Insurance 3 3 3 3 Rent 11 15 17 18 Utilities 3 4 4 4 Licenses & Tax 1 1 1 1 Office supplies 8 6 6 6 Travel & entertainment 3 2 2 3 Printing, Postage, Services 1 4 4 4 Maintenance 1 1 1 1 Automobile 4 5 5 5 Fees 0 0 0 0 Total General /Administrative Expenses $42 $45 $48 $51 Total Operating Expenses $105 $173 $193 $214 Net Income Before Taxes $42 $85 $122 $136 Taxes on income 5 11 16 18 Net Income After Taxes $36 $74 $106 $118 Extraordinary gain or Toss 0 0 0 0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) $36 $74 $106 $118 * 2011 figures are based on actual numbers from Jan to Sept Debt Relief Law Center of Palm Beach County Net Income What are Revenues after all costs, liabilities and taxes? 2011 2012 2013 2014 $27,771 $74,043 $107,442 $121,106 Operating Income What are revenues after all costs? 2011 2012 2013 2014 $32,012 $85,350 $121,425 $304,300 Profit Margin. How much revenues are profit? 2011 2012 2013 2014 25.18% 28 70% 34 13% 34 64% Contribution Margin How much revenue goes to fixed costs? 2011 2012 2013 2014 38.84% 44 15% 48 45% 52 89% Degree of Operating Leverage. How much to fixed costs effect earnings? 2011 2012 2013 2014 29 02% 33.08% 38 57% 87 04% Current Ratio. Can all short -term assets cover short -term costs? 2011 2012 2013 2014 unknown unknown unknown unknown Working Capital: How much is left after short -term costs are paid? 2011 2012 2013 2014 unknown unknown unknown unknown Breakeven: How much must be sold to cover operation costs? 2011 2012 2013 2014 $27,887 $64,670 $59,183 $85,651 — "0 >, U) • 2 CO -c O O u) N u) ` C w I_ w � � �(0 t(/) L— a) Q,C._ C0 O 2 C N.c w. 7 y a) 7 -0 Co a) 'y N v ' 3 E O L N 'a > > u) a) L -' m •d y (0 E (r) c 0 a) 5 (6 u) U U Nv N NC -3 U) O r a) t0 +- L Z O 0 W N u) > a) C -0 a) t6 m >, C t0 rn E �.`_ mww70 3 > c� L - o a) co U as a) 2 o 2 m.0 v) a) a) = o 0) co u) u) "0 U 0 N a) o c o Iii .d (` c, C L — co a) V) O -0 0 L c O a) 0 El' c O> a c o a) c o m J a • c E as -° N _c N p • 2 u) 0 o E - (z. 0 E ° 0) - N u) u) a) E —E >' L - u) >>oE C' y c U m a L> L L L o L Z c Q a w 0) U a) - c` W 0 L c , _ _c N 0) w F >' � -' m o 6 y a ' z I ) u'��u - EE 2 ,- c O c L N w O Q d .� C a) j 2 • a) c L C u) c6 L U >, N C • L c 0 0 N >, O c 0 3-C > _O 3 -0(n5 i- u) nU m 0 Q roe 0 r r aa) c N 0 LL c c6 c o � 0 z a) a) 0 a) c a) 0 a r r o o N N Cr) cf r N 0 0 Utterback, Theresa From: Walsh Margee Sent: Thursday, October 13, 2011 9 49 AM To: 'Carmen Lynn' Cc: Brooks Vivian, Utterback Theresa Subject: Boynton Beach CRA Attachments: Properties- for - Sale -or- Lease - within- Boynton- Beach - CRA- District1 edited 100411 pdf Dear Ms. Lynn, Thank you for contacting the CRA The Agency recently compiled a database of available commercial, retail and industrial spaces located in the CRA's District, which I think you will find very helpful In addition to the database, we also offer funding programs to help off-set your construction and operational costs and in January, we will be launching a free Marketing Initiative Program on the various aspects, and importance, of marketing your business I attached a copy of the database, which is also listed on the CRA's website, along with information on the CRA's programs See link to homepage http / /www.boyntonbeachcra com and link to our page dedicated to small businesses http / /www boyntonbeachcra com /businesses While you are there, please be sure to friend us on Facebook and follow us on Twitter for a lineup of special events, as well as updates on new projects and programs If you have additional questions, please contact Theresa Utterback, at 737 -3256 ext 216 or utterbackt @bbfl us and best of luck with your endeavors' Small Business Owners Can Use New Website To Find A New Home Angela Roner, Reporter 2` WPB[ °,os -,. I BOYNTON BEACH, Fla. -- The city of Boynton Beach has come up with an idea to fill empty stores and bring new business to the community. The Community Redevelopment Agency has set up a property database that provides inventory of vacant commercial, retail and industrial spaces. "At the end of the day, we're trying to track businesses and residents to our downtown Boynton Beach. and so this facilitates it," said Mayor Jose Rodriguez. "It helps people find it easier. So now when they drive by they go, 'Wow, look at this great marina. Look at this great strip mall. I wonder if it's available? I wonder if I can bring my business here ? "' The CRA created a database with about 100 listings of available locations in the agency's 1,650 -acre district. The color -coded list is posted on the CRA's website. Sharon Grcevic, the owner of Boynton Beach Realty, thinks the database will help attract new business to downtown. "I think it's wonderful. I think it's absolutely wonderful," said Grcevic. "Boynton Beach is such a great city. It still kind of has that old -time feel. So you don't realize how big it. We definitely need more in this downtown corridor." Margee Walsh CRA Marketing Director 0 (561) 737 -3256, ext. 204 C (561) 685 -8883 WalshM @bbfl.us www.boyntonbeachcra.corn Be sure to follow the CRA on Facebook and Twitter° Page 2 of 2 ID http: / /boyntonharbormarina.com Scan the Barcode withyour smart phone and read about activities going on at the Boynton Harbor Marina_.'you, tropical port form!" From: Carmen Lynn [mailto:taboorealty @ aol.com] Sent: Wednesday, October 12, 2011 4:53 PM To: Walsh, Margee Subject: Contact Us Inquiry From: Carmen Lynn Subject: Contact Us Inquiry Title: Real Estate Broker Company: TaBoo Realty Group, Llc Address: 621 E. Woodbright Rd City: Boynton Beach State: FL Zip: 333435 Telephone: 561- 718 -8180 Fax: 866 -570 -6757 Email Address: taboorealty @aol.com Question/Request: looking to expand my business, to maximise revenue, In a good location This mail is sent via contact form on bbcra http : / /0327768.netsolhost.com/bbcra in n' P-1/111 o oa c te a, m m a ty d 1 w m o r 4- 4- v v a = y m O C a 0 LL c .+ a, r ' m a, m m a c 03 O r LP L ,, C L u u on C M Y aJ 0 co an C M Y „a 0 to co a° L = c > ;, u. a. c v eta , .n c m r .. >. a 5 Q CU = c p. — LI ' 0 O' o 0 t o Y o to an a, n O. E t N O d v E g m m - y , >. c o p 3 3 ° L t o = v - _c a, a a u 3 L E E E •- O E E N J 4J c « O. u c c C c c a M a, > c a O be L L N 4 3 O C u O W O O O O C y 0 a, a, G, N a O E cu m E •�•, Z 0 E m E E E o v a E v E — E m 0 c _ .. "O L C L , L L L .c L= L O > ID C N O O a:. a, O d L L - L L X LL ce L L C L a 0 O a, O v ¢ O F- o H H F IS u. H F 0 F E to x 1 ... . . � ` .. L .. 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".. ing ! ; f V I CI= . rah✓ t .. , ,,,,, ,.., ; l'iti' „, 1 , 1 , 1 4 i i f 1 L. a , I V tlk, iitok i 2 i lt ..6 1...* -- z" le ....... .... — 1' ‘4* Heart of Boynton Redevelopment Strategies 2001 - 2011 City and CRA Funds Spent and /or Approved Activity to Date Status Purchase of Boynton Purchased land. 32 S/F Homes planned for West 1 Terrace $ 7,500,000 Side NE 4th /5th Avenue 2 Assemblage $ 2,442,500 Closed on a total of 2.69 acres Down Payment 3 Assistance (CRA) $ 431,000 Assisted 10 families since 2006 Down Payment 4 Assistance (City) $ 1,345,777 Assisted 36 families since 2001 Residential Improvement 5 Program (RIP) $ 324,252 21 Rehabs completed Cherry Hill 6 Redevelopment $ 170,000 Closed on 402 NW 12th Avenue and demolished Partnered with non - profits to conduct numerous Community Improvement trash pick -ups, purchase of trash cans and 7 Grant $ 25,000 support of neighborhood clean -up efforts Total of 14 lots developed into affordable single - 8 Housing Infill :$ 976,310 family homes MLK Corridor Property 9 Assemblage $ 4,031,866 assembled 3.8 acres Galaxy Elementary 10 Painting $ 92,000 completed 11 CRA Policing $ 459,500 HOB is 29% of CRA. Total spent = $1,579,531 12 Trolley $ 141,667 12% of ridership originates in HOB Carolyn Sims Park 13 Community Center $ 8,800,000 Completed 2/08 Seacrest/MLK 14 Streetscape Plans $ 185,000 Completed Seacrest/MLK 15 Streetscape $ 1,300,000 Completed 6/2011 Ocean Breeze West Site 16 Development $ 520,000 site work for 21 home subdivision 17 Small Business Classes $ 57,532 Completed 5 Sessions 18 St. Johns Family Picnic $ 8,000 completed 19 Heritage Festival $ 30,000 2 events TOTAL $ 28,840,404